Relief and Victory for Governor Fubara as Supreme Court of Nigeria Saves the Best for Last: Final Determination of the Status of Amawhule and 26 Others

News.bandFeb 28, 2025Read original

His Excellency Sir Siminalayi Fubara is a very fortunate person. His fortune in life comes from the part that he always seems to be bestowed with the blessing(s) that is saved as the last surprise.

Additionally, Governor Fubara seems to always get the best, most valuable portion after lots are shared and everyone has picked their choice.

There is an anecdote that best illustrates the current Rivers State governor’s good fortune in life.

A certain man was about to die and he called his three sons to his bedside and asked them to make a choice of any of his properties as their own.

The first son chose the man’s house, the second son chose the man’s fleet of cars, while the third son chose, the man’s farm.

The son that chose the farm was working on the farm one day and dug up a box that contained all the father’s treasury bills and important documents such as the late father’s will!

This is similar to what is happening to Governor Fubara right now.

All the judgments of the Supreme Court of Nigeria today seem to be the properties chosen by the other sons, they can have them.

However, the best portion seems to be saved for last as we await the judgment regarding the final determination of the status of Amawhule and the 26 Others.

This is the crux of the matter because everything depends on this.

For example, the Supreme Court of Nigeria has ruled that the statutory monthly allocations to the Rivers State government should be put on hold by the Central Bank of Nigeria and the Accountant-General of the Federation until a final determination of the status of Amawhule and the 26 Others!

Even the other issues such as the Local Government Area (LGA) councils elections can be resolved once the issue of the legitimate members of the Rivers State House of Assembly is determined.

President Bola Ahmed Tinubu (PBAT) himself as governor of Lagos State had to contend with a hostile former president who stopped the monthly allocations to the LGA councils of Lagos State and it took the intervention of the Supreme Court of Nigeria in the case of Attorney-General of Lagos State vs. Attorney-General of the Federation (2004) 12 SCNJ 1 to resolve.

Even with the intervention of the Supreme Court of Nigeria, the then former president still withheld the said allocations.

So now is the time for Governor Fubara and his team to think “outside the box”.

For example, Section 99 of the Nigerian Constitution states as follows:

“Any person who sits or votes in a House of Assembly of a State knowing or having reasonable grounds for knowing that he is not entitled to do so commits an offence and

(bold by me).

In other words, anyone who votes or sits in a state House of Assembly without being entitled to do so is committing an offense.

The offense is punishable by any punishment that the House of Assembly Law prescribes.

The section is located in Part 2 of Chapter 5 of the Nigerian Constitution.

It deals with the issue of unqualified people sitting or voting in a House of Assembly.”

“THINK ON IT, PRAY ON IT”

Dr. Tonye Clinton Jaja is the Executive Director, Nigerian Law Society (NLS).