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Rivers Crisis: Legislative Lawyers Ask Supreme Court To Review Judgement

Published

7 months ago

March 13, 2025

The protracted political crisis in Rivers State took another twist on Thursday as the Association of Legislative Drafting and Advocacy Practitioners, ALDRAP, asked the Supreme Court to review its February 28, 2025, judgment that restored 27 members of the State Assembly, led by Speaker Martin Amaewhule.

The Supreme Court, in the judgment delivered by Justice Emmanuel Akomaye Agim, also ordered Governor Sim Fubara to re-present the state’s 2025 budget to the Amaewhule-led Assembly.

The apex court, in the same vein, stopped the payment of allocations from the Federation Account to the Rivers State Government. It ruled that funds would be released to Fubara’s government only when a lawful Appropriation Law is enacted by the Assembly led by Amaewhule.

The budget had earlier been passed into law after Fubara presented it to the Victor Oko-Jumbo-led three-man faction of the Assembly.

However, ALDRAP, an association of professional legislative lawyers, is asking the Supreme Court to review the judgment, which was seen by many as a final resolution of key issues involved in the Rivers political crisis.

The legislative lawyers made the request for a review of the judgment in a letter dated March 13, 2025, and addressed to the Chief Justice of Nigeria, CJN.

The letter was obtained by DAILY POST on Thursday.

According to the letter signed by ALDRAP’s lawyer, Kenneth Amadi, the request is based on the provisions of Order 8 Rule 16 of the Supreme Court Rules, 2024. Among other contentions, the lawyers argued that the February 28 Supreme Court judgment did not comply with previous apex court verdicts on similar cases.

The letter is titled “Application for Review by a Full Panel of Seven Justices of the Supreme Court of Nigeria of the Judgment of the Supreme Court of Nigeria Dated February 28, 2025, Delivered by Hon. Justice Emmanuel Agim, JSC, and a Panel of Five Justices, Pursuant to Order 8 Rule 16, Supreme Court Rules, 2024, and Other Relevant Laws as the Supreme Court Deems Appropriate.”

Parts of the letter read: “By way of introduction, my name is Kenneth A. Amadi, Esq. I am a legal practitioner and lawyer to the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), which is a professional association of lawyers in Nigeria with its national secretariat inside the National Assembly complex, Abuja.

“We write to request permission to submit an application on the above-named subject matter. This application for a review of the Supreme Court judgment of February 28, 2025, is made in accordance with the Supreme Court of Nigeria Rules, 2024, on the following grounds:

“A full panel of seven judges instead of the five judges that sat on the Rivers State House of Assembly case.

*”Failure of the panel of judges to follow and comply with the former judgments of the Supreme Court of Nigeria, such as the case of Attorney-General of Bendel State v. Attorney-General of the Federation (1981).”

In an analysis of the verdict, the Executive Secretary of ALDRAP, Dr. Tonye Clinton Jaja, faulted the Supreme Court judgment for failing to take note of the record of proceedings of the Rivers State House of Assembly concerning the defection of the 27 lawmakers.

READ: Fubara Schedules Peace Invites Amaewhule, Other Rivers Lawmakers For Peace-meeting

Citing a court case, Hon. J. I. Ekpenkhio v. Hon. Matthew Egbadon (1962-2001)1 Legislative Law Reports of Nigeria (LLRN) pages 307 to 336, Jaja said: “The Supreme Court of Nigeria held that the Court has a duty to take judicial notice of the record of proceedings of the House of Assembly as stipulated under Section 73 of the Evidence Act.

“In accordance with the above-named judgment, it is reasonable to expect that the Supreme Court of Nigeria would consider the words and actions of Amaewhule and the 26 others on the floor of the Rivers State House of Assembly during the plenary session in December 2023.

“Ironically, the evidence of the defection of the said 27 lawmakers is contained in the Hansard of the Rivers State House of Assembly of December 11, 2023, when the Deputy Speaker of the Rivers State House of Assembly read a letter of defection on behalf of the 27 lawmakers, including the Speaker. The Speaker then put it to a voice vote, and it was approved by all 27 lawmakers. This was then approved as a resolution of the Rivers State House of Assembly as passed on the 11th day of December 2023.”

Further faulting the judgment, Jaja argued: “There are so many absurdities that Hon. Justice Agim’s interpretation has created, such as the absurdity in his statement that only the offending legislature can declare that a defection has occurred.

“Additionally, Hon. Justice Agim’s interpretation has defeated the very purpose of Section 109(1)(g) of the Nigerian Constitution, considering that, going by his interpretation, it is next to impossible for any lawmaker who is in violation of the said Section to be declared as having vacated his seat if such a declaration is to be made by the Speaker of such a legislature—when the Speaker himself is also one of the lawmakers that has defected, as was the case with the 27 lawmakers of the Rivers State House of Assembly.

“How on earth would any offender readily agree that he or she has committed the crime of defection, which would result in the automatic forfeiture of his or her seat in the legislature, along with the humongous sums of money that are paid as both salaries and allowances to such lawmakers?

“The judicial powers of the Federal Republic of Nigeria are vested in the judiciary for the sole purpose that the judiciary would perform the tasks of undertaking judicial review of the actions of the other two arms of government, namely the Executive and the Legislature. The purpose is to create checks and balances to avoid tyranny by one arm of government.

“Therefore, in the event that an application is made to the judiciary to determine whether the actions of some members of the legislature (in this case, the defection of the 27 members of the Rivers State House of Assembly) are in violation of any section of the Nigerian Constitution, it is the judiciary alone that can adjudicate and make such a determination.

“The judiciary cannot shirk its responsibility to the legislature as Hon. Agim’s judgment has done in this case. It violates the very cardinal principle of justice and fair hearing to ask the legislature to sit as a judge in its own case to determine and declare whether a defection has occurred in violation of the said Section 109(1)(g) of the Nigerian Constitution.”
(DAILY POST)

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BRC Sympathises With Edo NSCDC, Family, On Painful Death Of Commandant

Published

2 hours ago

October 10, 2025

Editor

Benin Recreation Club 1933 (BRC) has sympathised with Nigeria Security and Civil Defence Corps (NSCDC), Edo State Command, over the painful demise of the state commandant, Agun Gbenga Joseph.

In a statement issued by the club’s Public Relations Officer, Mr. Edoko Wilson Edoko, president of the club, Mr. Osayi Courage Osamuyi, described the death of commandant Gbenga as shocking and a painful loss to the security community and the state at large.

“The late Commandant’s death is indeed shocking and a painful loss. He was jovial, very accommodating, and an initiative-driven individual,” Mr. Osayi stated.

“I recall our Club’s visit to his office, where I led members of my Executive Committee to meet with him. We discussed areas of collaboration between Benin Recreation Club and the NSCDC, Edo State Command”, he said.

Osayi further urged the bereaved family and the NSCDC to draw strength from the late Commandant’s legacy of service, professionalism, and dedication to duty.

He prayed that God grants them the fortitude to bear the irreplaceable loss.

Recall that the Commandant reportedly slumped and died on Thursday, 2nd October 2025, while delivering a goodwill message at an event organised by the International Association of World Peace Advocates held at the Bishop Kelly Pastoral Centre in Benin City.

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House To Probe $20bn Shortfall In Oil Firms’ Cleanup Funds

Published

12 hours ago

October 9, 2025

Editor

The House of Representatives launched an investigation on Thursday into the compliance level of oil and gas companies with decommissioning and abandonment regulations in Nigeria’s petroleum industry.

This comes against the backdrop of concerns over a staggering $20 billion compliance gap and spikes in environmental, fiscal, and social risks associated with outdated infrastructure.

This followed the presentation of a motion of urgent public importance by the Chairman, House Committee on Political Parties Matters, Mr Zakaria Nyampa, at Thursday’s plenary.

Speaking on the significance of the motion, the Adamawa lawmaker said, “Across oil-producing countries, operators are required to set aside funds during the productive phase of their assets to cover the future costs of dismantling, site remediation, and restoration.

“This principle is clearly enshrined in Nigeria’s Petroleum Industry Act 2021 and the NUPRC/NMDPRA Decommissioning and Abandonment Regulations of 2022, yet compliance remains alarmingly poor.”

He argued that Sections 232 and 233 of the PIA mandate licensees and lessees to “Establish decommissioning programmes, maintain dedicated escrow accounts, obtain regulatory approvals, and pay penalties for non-compliance.

“Unfortunately, most operators in the upstream, midstream, and downstream sectors are flouting these provisions. In some cases, International Oil Companies have divested from assets in the Niger Delta without adequate D and A funding, effectively transferring future environmental and financial liabilities to the government and host communities.”

In his words, over 90 per cent of operators have failed to meet their mandatory D&A funding obligations, while regulatory agencies, particularly the Nigerian Upstream Petroleum Regulatory Commission and the Nigerian Midstream and Downstream Petroleum Regulatory Authority, have not shown the necessary enforcement commitment.

“We are witnessing a dangerous regulatory gap. The regulators must be held accountable for ensuring that every operator complies fully with decommissioning laws. Otherwise, Nigerians, especially host communities, will bear the brunt of environmental disasters,” he added.

He added that the cost of decommissioning in Nigeria’s oil and gas industry is estimated between $500,000 and $1m per well, and up to $50 million per field, with total liabilities projected at $10bn to $15bn in the upstream sector alone.

“Less than 20 percent of operators have established properly funded escrow accounts. The total amount contributed so far is below $1bn, leaving a massive shortfall and compliance gap of about $15bn to $20bn across the industry,” he expressed.

Nyampa raised the alarm that the midstream and downstream sectors face huge risks, with decaying refineries, depots, gas plants, and pipeline infrastructure constituting potential remediation liabilities of up to $5bn.

“If urgent action is not taken, Nigeria risks widespread environmental degradation, oil spills, toxic contamination, and safety hazards such as fires, gas leaks, and explosions, particularly in already vulnerable host communities.”

Following the adoption of his motion, the House resolved to set up an ad hoc committee to investigate the level of compliance with decommissioning and abandonment provisions as spelt out in the PIA.

When constituted, the Committee is expected to invite relevant regulatory agencies and oil companies, scrutinise their D and A escrow accounts, and report back to the House within twelve weeks for further legislative action.

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Tinubu Approves National Honours For 959 Nigerians

Published

12 hours ago

October 9, 2025

Editor

President Bola Tinubu on Thursday approved the conferment of 959 national honours and endorsed reforms to strengthen the funding framework for the Nigeria Police Force.

This came as he presided over marathon meetings of the National Council of State and the Police Council at the State House, Abuja.

Addressing State House correspondents after the meetings, the Permanent Secretary of the Cabinet Affairs Office, Dr Emanso Umobong, said the President approved the report of the National Honours Award Committee for 2024 and 2025, as well as special awards that were earlier bestowed by the President from January 2025 to date.

According to Umobong, the current honours committee, reconstituted in August 2021 and chaired by Justice Sidi Bage, screened over 5,000 applications before recommending 824 recipients for the 2024/2025 National Honours and 135 special awardees, totalling 959 honourees.

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“The award of titles of honour and decorations of dignitaries is a yearly event at which the President honours deserving nationals and non-nationals who have distinguished themselves in the service of the nation and humanity,” she said.

Umobong added, “After diligent screening and selection by the committee, a total of 824 successful applicants were recommended for the 2024/2025 National Honours and 135 special awards by the President, bringing it to a total of 959 awardees.”

She noted that President Tinubu, in the spirit of inclusive national recognition, had already honoured several distinguished Nigerians and friends of Nigeria in the past year, including Bill Gates for contributions to public health, Uncle Sam Pemu for journalism, and the Super Falcons and D’Tigress for excellence in sports.

Others include the Ogoni Nine and Ogoni Four, honoured posthumously for environmental activism, and Professor Mahmood Yakubu, the outgoing INEC Chairman, recognised for service to Nigeria’s democratic process.

The updated list of awardees, Umobong said, would be published soon.

Following the Council of State session, President Tinubu chaired the Nigeria Police Council, where members approved major reforms to the Nigeria Police Trust Fund.

In his first-ever briefing to journalists since assuming office in August 2023, Minister of Police Affairs, Ibrahim Geidam, said the Council ratified proposals to repeal and re-enact the 2019 Police Trust Fund Establishment Act to remove its six-year limit and transform it into a permanent agency.

“The sunset clause of six years in the current Act limits the lifespan of the Nigerian Police Trust Fund and impedes long-term planning, thereby constraining sustainable police reform.

“We also prayed that the Council approve the repeal and re-enactment of the Nigerian Police Transparency Establishment Act 2025 in order to remove the sunset clause and transition it into an agency,” Geidam said.

He explained that the Council further approved an upward review of the Police Trust Fund’s allocation from 0.5 per cent to 1 per cent of the Federation Account, as well as a directive to the Attorney-General of the Federation to incorporate all resolutions into an executive bill for submission to the National Assembly.

Established in 2019, the NPTF was designed to bridge funding gaps in policing by supporting training, welfare, technology acquisition, and logistics. However, its limited tenure and budget constraints have long hindered sustainable reforms.

“All these prayers have been approved without any omission,” Geidam confirmed, adding, “The Council also directed that the Honourable Attorney-General and Minister of Justice input all the approvals of the Council in the proposed Executive Bill.”