On Monday, the Supreme Court dismissed the case filed by Rivers State Governor, Siminalayi Fubara, seeking the removal of 27 members of the State House of Assembly over their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Uwani Aba-Aji delivered the ruling after Fubara’s lead counsel, Yusuf Ali, SAN, dramatically withdrew the appeal.
In the notice for withdrawal, Fubara’s legal team informed the three-judge panel that events had overtaken the case, and that the lawmakers were considered friends.
The Rivers State House of Assembly and its Speaker, Martin Amaewhule, represented by Chief Wole Olanipekun, SAN, did not oppose the withdrawal.
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However, Olanipekun requested the case be outrightly dismissed, citing the exchange of briefs between the parties, which he argued had established their positions.
The court agreed, and the suit was dismissed, with Fubara being ordered to pay a cost of two million naira each to the House of Assembly and Amaewhule.
After the ruling, Ken Njemanze, SAN, stated that the dismissal had cleared the way for the 27 lawmakers to fully take over the House of Assembly.
He further indicated that actions taken by Fubara in the absence of the 27 lawmakers, including the presentation of the 2024 and 2025 budgets to only four lawmakers, were now void.
Earlier, on October 10, 2024, the Court of Appeal had also dismissed Fubara’s appeal on the same matter.
Furthermore, on January 22, 2024, the Federal High Court in Abuja, under Justice James Omotosho, had nullified the passage of Rivers State’s N800 billion 2024 budget by four lawmakers.
The court declared this passage, led by Hon. Ehie Edison, as illegal, ordering Fubara to re-present the budget to the Assembly led by Martin Amaewhule.
The 27 members of the Assembly, who are loyal to former Governor Nyesom Wike, filed the suit, which was supported by a lower court.
Defendants in the case included the National Assembly, the Senate, the House of Representatives, Governor Fubara, Hon. Edison, the Rivers State Civil Service Commission, and the Inspector-General of Police (IGP).
In his ruling, Justice Omotosho had issued an interim order restraining Governor Fubara and his agents from obstructing the pro-Wike legislators from performing their constitutional duties.
The governor was also prohibited from removing or redeploying the Clerk of the Assembly or withholding funds intended for legislative functions.
The court described the governor’s actions, such as demolishing part of the Assembly complex and withholding funds, as tyrannical and unlawful.
It also ruled that Fubara’s redeployment of the Clerk and Deputy Clerk was an affront to the separation of powers, ordering both officials to resume their positions immediately.
Additionally, the court instructed the IGP to deploy operatives to the Assembly complex and barred the National Assembly from intervening in matters concerning the Assembly or accepting any requests from Governor Fubara related to the Legislature.
