Sunday, 02 March 2025 19:00

[OPINION] A Psychologist’s Insight on the Subjective Elements in the Supreme Court’s Rivers State Ruling: I Don’t Question the Legal Standing, But Leave the Legal Matters to Others - John Egbeazien Oshodi

In a dramatic ruling that has sent shockwaves through Nigeria’s political landscape, the Supreme Court affirmed a federal high court judgment that has reshaped the status quo in Rivers State. The language used in this ruling seems laden with subjective undertones, which could stir strong emotional responses. Such language, in a legal setting, arguably oversteps the boundary between legal clarity and the realm of personal opinion. The emotional tone woven through the judgment—while perhaps reflecting the Court’s sentiments on the case—could be seen as subjective for a ruling of this magnitude. I dare not question, but this is undeniably something that is left to the legal eye for further scrutiny.

The apex court’s decision reinforced this intervention but also faulted the Abuja Court of Appeal for attempting to void the federal high court’s judgment. There seems to be an undercurrent of frustration in this strong critique of the actions of the lower court. This ruling, while legally binding, carries an emotional charge that could be interpreted as subjective. I dare not question, but this raises the concern of whether such a judgment, laden with subjective emotional tone, compromises the Supreme Court’s duty to remain impartial in its rulings. The impartiality of the Court’s approach is something that warrants careful legal review.

One of the central aspects of the ruling was the Court’s statement that the 27 lawmakers—allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC)—remain legitimate members of the Rivers State House of Assembly. The use of “allegedly” and “still legitimate” seems subjective. It creates an atmosphere of uncertainty where there should be clarity. By framing the matter with such ambiguity, the ruling seems to inject a subjective interpretation into what should be an unambiguous legal question. This leaves room for interpretation and further analysis, and is undoubtedly something left to the legal eye for consideration.

 

In the words of Justice Emmanuel Akomaye Agim, “It is an act of indiscipline and a joke taken too far which has no place in a democracy.” This judgment carries a subjective tone that could be seen as more of a political critique than a legal one. Phrases like “indiscipline” and “a joke taken too far” might resonate with the public, but they also reflect a personal viewpoint that could be seen as subjective. Such language, while emphatic, goes beyond the legal reasoning into the realm of moral judgment. I dare not question, but for a judgment of such consequence, one might expect more neutral and legal language instead of emotionally charged rhetoric. This is left to the legal eye to determine its appropriateness.

The apex court also stated that “Four members sitting as purported members of the House of Assembly in defiance of a subsisting court order is a nullity.” The use of the word “purported” carries an implicit dismissal of the actions of those involved, casting them in a light of illegitimacy that seems almost definitive. By choosing this language, the Court introduces a subjective judgment, which, while impactful, may not always serve to clarify the legal process as fully as a neutral statement would. This raises the question of whether the Court’s role is to provide objective legal analysis or to weigh in on the perceived legitimacy of political actors in such a charged atmosphere. This again is left to the legal eye for further scrutiny.

The justices emphasized the importance of protecting the legislature, calling it “the core institution of governance” that must be upheld “at all costs.” “At all costs” introduces a subjective, dramatic imperative. While this language might reflect the Court’s commitment to upholding democratic processes, it could be seen as a subjective rallying cry that leaves no room for nuance or the careful weighing of competing interests within the legal framework. I dare not question, but this strong language is certainly something that requires careful legal analysis to determine its appropriateness.

 

Justice Agim also criticized Governor Siminalayi Fubara for using his immunity under Section 308 of the 1999 Constitution to justify unconstitutional actions, calling it “an act of indiscipline born out of executive power.” Labeling the actions as “indiscipline” introduces a subjective critique into a legal assessment. While the legal principle may be valid, the framing of these actions in terms of “indiscipline” seems to cross the line from legal analysis into a moral critique. This subjective interpretation of the governor’s behavior could be considered a deviation from the expected objectivity of a Supreme Court decision. This is left to the legal eye to scrutinize further.

The Court also noted that “the governor has chosen to collapse the legislature… as it is there is no government in Rivers State.” This bold claim is highly subjective. It attributes intentionality to the governor that goes beyond the legal facts of the case. It seems to offer a psychological interpretation of the governor’s actions, speculating on his motives and character rather than focusing solely on his legal responsibilities and actions. Such attributions of intent seem to shift the discussion from legal facts to political interpretation, which is left to the legal eye for careful consideration.

In addition, Justice Agim remarked, “What he has done is to destroy the government because of his fear that he wants to be impeached.” This statement reads like a psychological analysis rather than a legal judgment. It attributes subjective psychological motives—“fear of impeachment”—to the governor, which raises the question of whether the Court’s role is to interpret legal actions or to engage in speculation about political and personal motivations. This is an element that is clearly left to the legal eye to assess for its appropriateness within a legal judgment.

 

Furthermore, the Court noted that it was becoming a pattern for those in executive power, when feeling threatened by impeachment, to resort to tactics such as demolishing buildings or other unconstitutional actions. The use of “becoming a pattern” suggests a subjective generalization. While the Court may be trying to highlight potential abuses of power, such sweeping statements imply a recurring problem without clear, substantiated examples of the “pattern” described. Generalizations in a legal ruling could lead one to question the line between legal reasoning and subjective political commentary. This aspect of the ruling is certainly left to the legal eye for deeper review.

This subjective approach by Justice Agim was pointed out by the Rivers State Information Commissioner, who responded further: “We believe that the determination of the main issue of defection of the 27 lawmakers is a matter not before the Supreme Court as it is pending at the Federal High Court in Port Harcourt.” The Commissioner’s statement offers an important critique of the Court’s jurisdiction. His point suggests that the Supreme Court may have prematurely entered a matter that was still under deliberation at a lower court, raising questions about the appropriateness and timing of the Court’s intervention. This adds to the growing concern that the Court’s ruling may have been more subjective than legally warranted. This is an issue clearly left to the legal eye for further consideration.

Justice Agim, who delivered the verdict, ruled that no funds should be released to the Rivers State Government until Speaker Martin Amaewhule’s leadership passes a lawful Appropriation Law. This ruling introduces a subjective element, especially considering that the case is still pending before the federal high court, as the Rivers State Commissioner of Information has pointed out. The Court’s decision to issue such a directive while the matter is under consideration by a lower court may be seen as a subjective intervention. The appropriateness of this ruling, particularly in light of the pending case, is something left to the legal eye for scrutiny.

 

In its judgment, the Supreme Court also directed the Central Bank of Nigeria (CBN) and the Accountant-General of the Federation to halt the release of federal funds to the Rivers State Government. While the Court described the governor’s actions as problematic and inconsistent with legal requirements, this characterization could be seen as subjective, especially considering the immediate financial impact on the state’s ability to pay bills and meet obligations. I dare not question, but such terms may not fully capture the complexities of the situation, particularly as the matter remains under appeal, especially regarding Speaker Amaewhule’s leadership and the defection issue. A more comprehensive legal review could offer further clarity.

The Court further ruled that the suspension of funds would remain until Governor Fubara addresses these concerns with Speaker Amaewhule’s leadership. While the decision is clear, the characterization of the governor’s actions may oversimplify an issue still under judicial review. I dare not question, but this decision may benefit from further legal examination in the appeals court, particularly in light of the Rivers State Commissioner’s statement that the matter remains unresolved.

Justice Agim also stated that no funds should be released until Speaker Amaewhule’s leadership passes a lawful Appropriation Law. This connects the release of funds to the legislative process, which may seem premature, especially with the case of defection still pending. The Court also ordered the return of the Clerk and Deputy Clerk to their positions. I dare not question, but the involvement of the judiciary in such executive matters raises questions about the Court’s role in this decision. These actions remain open to further legal scrutiny as the case continues.

 

The Supreme Court has invalidated the local government elections conducted by the Rivers State Independent Electoral Commission (RSIEC) on October 5, 2024, citing breaches of the Electoral Act. I dare not question, but why was there no directive for a new election, especially considering that the previous local government chairpersons had overstayed their terms and refused to step down? Could the Court’s decision, though legally sound, have overlooked the practical consequences of leaving the leadership vacuum unaddressed?

Justice Jamilu Tukur’s ruling emphasized procedural errors, particularly continuing voter registration after the election date was announced. I dare not question, but does this focus on procedural issues, without providing clear guidance for the next steps, seem to leave the state vulnerable to political instability? Is the Court’s emphasis on legality potentially subjective, without sufficient consideration for the political and governance realities on the ground?

The Court also upheld the Federal High Court’s decision barring INEC from providing the voters’ register to RSIEC. I dare not question, but what is the implication for governance in Rivers State without a clear path forward? Does this gap in the ruling suggest a subjective approach, without a comprehensive directive to resolve the leadership crisis?

 

Given these circumstances, I dare not question, but could the Court have been more proactive in directing a new election to address the leadership vacuum? The absence of such guidance seems to leave the political landscape open to further challenges, raising questions about the balance between legal precision and practical governance.

Lastly, the implications for the future of the Rivers State government remain uncertain, with the role of the legislature being reasserted in a way that could shift the balance of power. This case, marked by its subjective language, presents a complex situation that calls for further legal analysis. I dare not question, but the Supreme Court’s ruling raises questions about the actions of political figures in Rivers State and how the law responds to such developments. Could the Court’s decisions, though grounded in law, be overlooking the broader consequences for the people, especially in a region as sensitive as the Niger Delta?

The immediate effects on livelihoods, institutions, and governance could be profound. I dare not question, but one might wonder whether the Court’s moves, while legally sound, could inadvertently complicate the already delicate political and economic landscape. Is the lack of clear guidance on how to resolve the leadership vacuum a decision that leaves too much open to uncertainty?

 

This complexity, coupled with the potential for both legal and political fallout, is certainly something left to the legal eye for careful review. However, the manner in which these decisions unfold will undoubtedly impact the people, and it is crucial to approach such matters with the necessary sensitivity, given the unique challenges of the Niger Delta region.



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