HURIWA condemns Supreme Court’s ruling on Rivers crisis

The Human Rights Writers Association of Nigeria (HURIWA) has strongly criticised the Supreme Court’s recent judgment on the Rivers State political crisis, describing it as a “miscarriage of justice” and a clear contradiction of established legal precedents.

In a statement issued by Comrade Emmanuel Onwubiko, National Coordinator of HURIWA, the association expressed dismay over the ruling, which upheld an earlier decision restraining the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from disbursing statutory allocations to Rivers State.

HURIWA attributed the resulting confusion and political tensions to this “miscarriage of justice,” citing concerns over judicial inconsistency and perceived political interference in the country’s judicial system.

The association took issue with the lead judgment’s suggestion that the 27 lawmakers loyal to Nyesom Wike ought to have been the forum for presenting the disputed budget, noting that the matter of their defection has yet to reach the Supreme Court for adjudication.

“By making such pronouncements without a clear legal determination on the defection issue, the Supreme Court’s ruling raises serious questions about the selective application of justice,” HURIWA argued.

They further argued: “In the case of Hon. Michael Dapianlong & Ors v. Chief (Dr) Joshua Chibi Dariye & Anor, the Supreme Court of Nigeria addressed the issue of whether a reduced number of legislators could validly impeach a governor. The case arose when 14 out of 24 members of the Plateau State House of Assembly defected from the People’s Democratic Party (PDP) to the Action Congress (AC), leaving only 10 members in the House. Subsequently, 8 of these 10 members initiated and carried out impeachment proceedings against Governor Joshua Dariye. The Supreme Court held that the impeachment was unconstitutional, emphasizing that until the vacancies created by the defecting members were filled through by-elections, the House could not validly conduct impeachment proceedings.”

The association decried the ruling as an unconstitutional attempt to destabilize the democratically elected government of Governor Fubara, thereby threatening governance and democracy in the state.

HURIWA expressed deep concern over the Supreme Court’s directive preventing the release of Rivers State’s federal allocations, stressing that such a measure could cripple governance and development efforts in a state that plays a critical role in Nigeria’s economic stability through its crude oil production.

The association condemned the order as a deliberate act aimed at stifling the government’s ability to function effectively, calling on relevant authorities to ensure that the state’s constitutional rights to statutory allocations are upheld.

He said, “Despite the ruling, Governor Fubara has responded with commendable restraint. In a statewide broadcast, he assured Rivers residents of his administration’s commitment to upholding the rule of law while critically assessing the implications of the judgment before taking further action.”

HURIWA lauded the governor’s approach, urging all stakeholders to remain vigilant in safeguarding democracy and good governance in the state.

HURIWA also took aim at the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and his 27 defected allies in the Rivers State House of Assembly, accusing them of celebrating a judgment that effectively deprives the state of its financial entitlements. The association questioned why Wike, a former governor of the state, would rejoice over a verdict that could plunge Rivers into economic uncertainty, arguing that such actions expose the political underpinnings of the legal battle.

The association further criticised the Supreme Court’s assertion that Governor Fubara lacked the authority to invoke the doctrine of necessity when presenting the 2024 budget to the remaining PDP lawmakers. HURIWA argued that, in previous cases, the court had upheld executive interventions in situations where legislative bodies were compromised due to internal conflicts. By negating this principle, the judgment sets a dangerous precedent that could embolden political defectors to hijack legislative institutions and undermine governance.

HURIWA endorsed the Rivers State Government’s decision to place the administration of the 23 local government councils under the Heads of Local Government Administration (HLGAs) pending the conduct of fresh elections by the Rivers State Independent Electoral Commission (RSIEC).

The association said that this move aligns with previous judicial interpretations, which have ruled caretaker committees unconstitutional. HURIWA urged political actors to seek electoral legitimacy rather than resort to the unlawful occupation of government offices.

Furthermore, HURIWA called on security agencies to restore order in Rivers State by expelling illegal occupants masquerading as local government chairmen and councillors. The association emphasized the need for the police and other law enforcement agencies to act decisively in preventing further political instability in the state.

HURIWA urged the National Judicial Council (NJC) to scrutinise the inconsistencies in the Supreme Court’s ruling to ensure that the judiciary remains a neutral and independent arbiter of justice rather than a tool for political manipulation. The association warned that the selective application of judicial precedents poses a grave threat to Nigeria’s democracy and must not be allowed to stand.

HURIWA reaffirmed its unwavering support for Governor Fubara and the people of Rivers State in their quest for justice and good governance.

The association called on Rivers residents to remain resolute in upholding democratic principles and resisting any attempt to subvert their constitutional rights. It stressed that the Supreme Court’s judgment on Rivers State represents a miscarriage of justice that undermines constitutional democracy and must be challenged through all available legal and democratic means.