The ongoing political crisis in Rivers State took a new turn as the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) petitioned the Supreme Court to review its February 28, 2025, ruling that reinstated 27 members of the State Assembly led by Speaker Martin Amaewhule.
The ruling, delivered by Justice Emmanuel Akomaye Agim, not only restored the lawmakers but also directed Governor Sim Fubara to re-present the state’s 2025 budget to the Amaewhule-led Assembly. Additionally, the court ordered a halt to the release of allocations from the Federation Account to the Rivers State Government until a lawful Appropriation Law is enacted by the Assembly.
Initially, the budget had been passed after Fubara presented it to the three-member faction of the Assembly led by Victor Oko-Jumbo. However, ALDRAP, a professional body of legislative lawyers, is challenging the Supreme Court’s judgment, arguing that it contradicts previous rulings on similar matters.
In a letter dated March 13, 2025, and addressed to the Chief Justice of Nigeria (CJN), ALDRAP’s lawyer, Kenneth Amadi, cited Order 8 Rule 16 of the Supreme Court Rules, 2024, as the basis for the review request. The letter contends that the ruling should have been decided by a full panel of seven justices rather than the five who presided over the case.
Dr. Tonye Clinton Jaja, ALDRAP’s Executive Secretary, further criticized the judgment, arguing that it failed to consider the official records of the Rivers State House of Assembly concerning the defection of the 27 lawmakers. He referenced past legal precedents, including Attorney-General of Bendel State v. Attorney-General of the Federation (1981) and Hon. J. I. Ekpenkhio v. Hon. Matthew Egbadon (1962-2001), to support his claim that the court should have taken judicial notice of the Assembly’s records.
Jaja pointed out that the defection was recorded in the Hansard of the Assembly on December 11, 2023, when the Deputy Speaker read a letter confirming the 27 lawmakers’ defection, which was subsequently approved by a voice vote. He argued that the Supreme Court’s interpretation of Section 109(1)(g) of the Nigerian Constitution effectively makes it difficult to hold lawmakers accountable for defection, as it requires the offending legislators to declare their own seats vacant.
ALDRAP maintains that the judiciary must exercise its role in reviewing legislative actions to uphold constitutional principles. The association’s petition underscores concerns that the Supreme Court’s ruling undermines the principle of checks and balances, allowing lawmakers to evade accountability for defection.
