The Court ruled that only the Rivers State House of Assembly, through its Speaker, can legally declare a seat vacant—not the governor or judiciary. This reaffirms constitutional provisions granting legislatures autonomy over membership disputes.
The justices clarified that defection is only valid if lawmakers’ names appear in the new party’s membership register and they hold its membership card. Since the 27 legislators remained on the PDP’s register and lacked APC membership cards, their defection was deemed invalid.
The Court dismissed arguments invoking the “doctrine of necessity” to legitimize proceedings conducted by a skeletal assembly of four members, calling it an “aberration” that perpetuated illegality.
Quotes from the Judgment:
“Membership register and membership card constitute the only proof of membership of a political party… The Constitution provides that a house may act notwithstanding any vacancy in its membership, but this cannot validate proceedings conducted by a contrived illegal exclusion of 27 members.”
“The doctrine of necessity cannot justify a deliberately contrived illegal status quo.”
Legal experts and analysts, including commentators cited in the ruling, urge Governor Fubara to prioritize political reconciliation. The Supreme Court’s decision nullifies attempts to challenge the lawmakers’ legitimacy in lower courts, effectively restoring their legislative authority. This places pressure on Fubara to collaborate with the House to pass budgets, confirm commissioners, and advance governance.
Commentators emphasize that Rivers State’s development hinges on ending the protracted feud. “Governor Fubara must stoop to conquer,” advised one analyst, urging dialogue over litigation. Critics also warned against “prophet entrepreneurs” and media figures profiting from the crisis, appealing for calm to allow the state to rebuild.
While Fubara initially resisted recognizing the lawmakers, he has since signaled compliance with the Supreme Court’s verdict. His administration faces renewed pressure to submit budgets and appointments for legislative approval, though political negotiations over commissioner nominations and other disputes may follow.
The Supreme Court’s ruling marks a pivotal moment in Rivers State’s political saga, closing legal avenues for contesting the lawmakers’ status. As attention shifts to governance, stakeholders stress that lasting peace will require compromise, strategic diplomacy, and a focus on public welfare. For now, the ball rests in the hands of the legislature and the governor to steer the state toward stability.
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