The Supreme Court has dismissed the suit brought by Rivers State Governor, Siminalayi Fubara, seeking to remove 27 members of the State House of Assembly on the grounds of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The apex court dismissed the suit on Monday in a ruling delivered by Justice Musa Uwani-Aba-Aji, following the dramatic withdrawal of the appeal by Fubara through his lead counsel, Yusuf Ali SAN.
In the notice for withdrawal, Governor Fubara simply informed a three-member panel of justices that events had overtaken his suit and that the lawmakers were their friends.
The request for the withdrawal of the contentious suit was not opposed by the Rivers State House of Assembly or its Speaker, Martin Amaewhule, who were represented by Chief Wole Olanipekun SAN. However, Olanipekun SAN demanded outright dismissal of the suit on the basis that the parties had filed and exchanged their briefs of argument and thus joined issues with each other.
He argued that the proper order to be made in the circumstances was the dismissal of the case, which the court agreed with.
With no objections from the parties, the apex court dismissed the case and awarded £4 million against Fubara to be paid to the House of Assembly and Amaewhule.
Addressing journalists shortly after the dismissal of the suit, Senior Advocate of Nigeria Ken Njemanze stated that the coast has now been cleared for the 27 lawmakers to fully take over the House of Assembly.
The senior advocate explained that all actions taken by Fubara in the absence of the 27 lawmakers, including the presentation of the 2024 and 2025 budgets to only three lawmakers, have now become a nullity.
The Court of Appeal had dismissed Fubara’s appeal on the same matter on 10 October 2024.
Similarly, the Federal High Court in Abuja, presided over by Justice James Omotosho on 22 January 2024, nullified the passage of Rivers State’s £800 billion 2024 budget by four members of the House of Assembly.
The court described the bill’s passage by the four lawmakers, led by Hon. Ehie Edison, as an aberration and an illegality.
It consequently ordered Governor Fubara to re-present the budget to the assembly led by Hon. Martin Amaewhule.
The suit filed by the 27 members of the Assembly loyal to former governor of the state and Federal Capital Territory (FCT) Minister Nyesom Wike received the blessing of the lower court.
Listed as defendants in the suit marked FHC/ABJ/CS/1613/2023 are the National Assembly, the Senate, the House of Representatives, and the Clerk to the National Assembly.
Others include Governor Fubara, Hon. Edison, the Rivers State Civil Service Commission, and the Inspector-General of Police (IGP).
Justice Omotosho, while ruling on an ex-parte motion by the 27 legislators, issued an interim order restraining Fubara and his agents from obstructing the pro-Wike legislators from carrying out their constitutional duties.
He also restrained the governor from removing or redeploying the Clerk of the Assembly and from withholding funds meant for the Assembly, pending the determination of the substantive suit.
However, while the order subsisted, Governor Fubara presented the budget that was passed by the four lawmakers loyal to him.
The governor had also prevented the pro-Wike legislators from convening by demolishing part of the Assembly complex and withholding funds for legislative functions.
Delivering judgment, Justice Omotosho held that the four lawmakers’ passage of the budget and other actions taken while the 30 November 2023 order subsisted amounted to a nullity.
He stated that the governor acted like a tyrant in the manner in which the Assembly complex was partially demolished and funds for legislative activities were withheld.
The judge issued an order restraining Fubara from frustrating the Assembly, led by Hon. Amaewhule, from sitting or interfering in its activities.
He also described as unlawful Governor Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly, stating that such action amounted to an affront on the separation of powers.
The judge ordered the Clerk and Deputy Clerk to resume office immediately and without hindrance.
In addition to ordering Fubara to promptly release all funds standing to the credit of the Assembly, he also instructed the Inspector-General of Police (IGP) to immediately deploy his operatives to the Assembly complex.
The judge further barred the National Assembly from taking over the Assembly or accepting or treating any request from Governor Fubara on any matter affecting the legislature.
