•Rivers aberration demands urgent judicial resolution
The judgment of Justice Sika Aprioku of Rivers State High Court, authorising the governor of the state, Siminilayi Fubara, to transact legislative business with the three-member faction of the 32-member state House of Assembly smacks common sense on its face. But worse, it rides roughshod over the well-established principle of judicial precedent or stare decisis, which compels the state High Court to rely on the judgment of the Court of Appeal on a similar matter.
Section 96(1) of the 1999 constitution (as amended) clearly provides: “The quorum of a House of Assembly shall be one-third of all members of the House.” We therefore urge the National Judicial Council (NJC) to investigate such aberration.
We recall that in July last year, the Court of Appeal, sitting in Abuja, nullified the sacking of the 27-member faction of the Rivers State House of Assembly, and expressly held that the state governor acted recklessly in dealing with the three-member faction as the duly constituted Rivers State assembly. Before then, on January 22, 2024, Justice James Omotosho of the Federal High Court, sitting in Abuja, had affirmed the Speaker of the 27-member faction, Martin Amaewhule, as the authentic speaker of the state assembly.
The judge also nullified the 2024 Rivers State budget which was presented to the three-member faction, and the state governor was ordered to represent the budget to the 27-member faction, which the court held as the authentic House of Assembly. Again, on October 30, last year, Justice Joyce Abdulmalik of the Federal High Court, Abuja, delivered a judgment stopping the Central Bank of Nigeria (CBN) from further releasing the federal monthly allocations to the Rivers State government since it has no legitimate budget in place. The judge held the governor’s action as an affront on constitutional order.
So, what legal precedent did Justice Aprioku of the River State High Court rely on, to make the far-reaching pronouncements he made recently? Would he claim to be ignorant of the judgment of the Court of Appeal, which has not been upturned by a higher court. The judge’s pronouncement that the matter could only be resolved by the Supreme Court shows utter disregard for the Court of Appeal, which is the direct superior court to his court. We consider the disrespect as unbecoming of a judge, sworn to uphold the constitution and dispense justice without fear or favour.
We wonder whether the judge relied on extra-judicial considerations in the matter? Instead of relying on a judicial precedent, he referred to the actions of a past governor, which cannot be a substitute for a judicial precedent of a superior court; in this instance, the Court of Appeal. The judgment speaks to the quality of judicial officers appointed to our courts. Clearly, a judge cannot rely on facts not in issue or relevant to the facts in issue to determine the issues before him. Assuming a former governor of the state acted in breach of the constitution, will that justify another governor doing the same?
We agree with the Federal High Courts and the Court of Appeal that the three-member faction of the state House of Assembly cannot constitute a proper legislative arm of Rivers State. To pretend that it does, as Governor Fubara and Hon. Victor Oko-Jumbo had, in the past one year or so, made a mockery of our constitutional democracy. We urge the courts not be seen to give judicial imprimatur to such recklessness, and so the matter before the Supreme Court should get accelerated hearing, so that the matter would be determined finally.
For the avoidance of doubt, we do not have a preference which way the judgment must go. What we consider an aberration is that three members can constitute a quorum in a State Assembly of 32 members, to exercise the far-reaching constitutional responsibility of the assembly. The earlier the matter is finally determined, the better for the people of Rivers State, who are entitled to constitutional democracy as enshrined in the 1999 constitution (as amended).
Culled: The Nation: Editorial