The Supreme Court dismissed one of the appeals filed by Gov Sim Fubara over one of the five key cases between the governor and the Nyesom Wike camp. The cases are said to be about power capture and state control.
Thus, the Supreme Court on February 11, 2025, dismissed Gov Fubara’s appeal against the judgment of the Court of Appeal affirming Martin Amaewhule as the Speaker of the House of Assembly.
According to reports, a five-member panel of the apex court dismissed the appeal marked SC/CV/1171/2024 after Fubara’s lawyer, Yusuf Ali (SAN), sought to withdraw it, claiming that it had been overtaken by events.
Counsel to the respondents – Wole Olanipekun (SAN), Joseph Daudu (SAN), Tuduru Edeh (SAN) and Mini Ayua – did not oppose the withdrawal.
Olanipekun and Daudu, however, asked for N2 million cost each and prayed that the case be dismissed because issues had been joined.
The Justice, Uwani Abba-Aji, who headed the panel, dismissed the appeal and awarded the cost requested by Olanipekun and Daudu.
Gov Fubara reacts:
The Rivers State government reacted, saying the appeal by the governor was overtaken by events and was good for dismissal.
A source closest to the highest authority in the Ministry of Justice followed by a government statement reacted to development thus: “This appeal is academic. The 2024 budget became spent on the 31st December of 2024 fiscal year. The appeal is of no useful purpose. The only reasonable thing left to do is to withdraw the appeal and have it dismissed.
“The Supreme Court is a very busy court. It will be most unwise to belabour the Honourable Court with academic appeals without any practical or utilitarian value.”
Soon after, a confirmation to this position came from the facebook page of Edison Ehie, the chief of staff to Gov Fubara which seemed to clarify that its case challenging the leadership of the Rivers State House of Assembly (RSHA) and the membership status of the members who defected in December 2023 was still before the Supreme Court.
The chief of staff explained that the Supreme Court decision today Monday, February 10, 2025, was about the Appeal Court Judgment that Gov Fubara should re-present the 2024 budget before the Martin Amaewhule-led House of Assembly.
He said since the 2024 budget has been spent, Gov. Fubara thought it wise to withdraw his appeal against the judgment because it would be a mere academic exercise to dwell on the matter.
The full statement said: “This appeal SC/CV/1071/ 2024: GOV of Rivers State v Rivers State House of Assembly & Ors that came up today at the Supreme Court has become purely academic.
“The case leading to this appeal was before James Omotosho as Suit No. FHC/ABJ/CS/1613/2023, filed on the 29th day of November 2023.
“Suit No. FHC/ABJ/CS/1613/2023 pertains to the 2024 budget, which is no longer alive, the monies appropriated therein haven been judiciously spent for the benefit of the good people of Rivers State.
“The 2024 budget became spent on the 31st December of 2024 fiscal year.
“The appeal is of no useful purpose in this year 2025, which has its own budget.
“The only reasonable thing left to do in the circumstances was to withdraw the appeal and have it dismissed.
“It would be most unwise to belabour the Honourable Court with academic appeals without any practical or utilitarian value.
“It is important to note that after Suit No. FHC/ABJ/CS/1613/2023 was filed on 29th November 2023, Martin Amaewhule and his 26 friends defected from PDP to APC on December 11, 2023. Their seats in the Rivers State House of Assembly became vacant.
“This appeal that was withdrawn today has nothing to do with the seats of Martin Chike Amaewhule and his 26 friends in the Rivers State House of Assembly. The members of the public should not be taken in by the misleading propaganda by Amaewhule and his 26 friends”
He went on to state that the case leading to this appeal was before James Omotosho as Suit No. FHC/ABJ/CS/1613/2023.
All the cases at the Supreme Court:
The Supreme Court was to treat the five consolidated appeals from the Gov Sim Fubara /Nyesom Wike legal fireworks today, Monday, February 10, 2025, instituted regarding the Rivers political crisis.
They are; 1. SC/CV/1174/2024, between Rivers State House of Assembly and others against the Rivers State Government and nine others; 2. SC/CV/1175/2024, between Rivers State House of Assembly and others against the Rivers State Governor and nine others; and 3. SC/CV/1176/2024, between Rivers State House of Assembly and others against Rivers State Independent Electoral Commission, RSIEC, and nine others.
Others are 4. SC/CV/1177/2024, between Rivers State House of Assembly and others against the Accountant General of Rivers State and nine others; and 5. SC/CV/1071A/2024, between Rivers State House of Assembly and others against the National Assembly and 16 others.
The Supreme Court thus dismissed the one where a notice of discontinuance was filed with a cost of two million naira against the governor while hearings continued in the rest of the cases with judgment not yet fixed.
Read also: Rivers govt says Supreme Court right to dismiss Gov Fubara’s appeal because case no longer relevant
Opposition reacts:
Tony Okocha, obvious leader of opposition in the state, reacted to the issue of the dismissal being academic. He reviewed the points of the case and the dismissal and wondered what was academic about such a major judicial decision of the Supreme Court.
Okocha said: What exactly was academic?
“Is it the well-considered judgment of a court of competent jurisdiction, Federal High Court, presided over by Justice James Kayode Omotosho?
“Is it the judgment of the Court of Appeal that ordered Status quo ante bellam? Is it another Court of Appeal judgment that added vent to the Speakership of Martin Chike Amaewhule and only referred to Oko Jumbo and 2 others as a forum?
“A matter decided by a court can only be declared an academic exercise or overtaken by events only by a higher court.
“A lawyer in a case lacks the power to declare a judgment delivered on a case, as academic.
|A matter heard and judgements entered by courts of competent jurisdictions can only be overruled by a higher court, in this case, the Supreme Court. I don’t know of any other teaching.
“If a party in a case elects to withdraw a case it filed before a higher court for reason of dissatisfaction and ab intra, withdraws by his own volition, same case, what other revisionism will suffice order than that he concedes to the “letter and spirit “of the former.
“When this matter is over, you yourself will know!”
Use police to enforce your victory – group tells Amaewhule
A group which called itself the Rivers Restoration Movement (RRM) has urged Martin Amaewhule and the 26 other lawmakers that seemed to benefit from the Supreme Court verdict to use the police to enforce their victory.
In a statement signed Johnson Georgewill, director-general, and Sarima Akpata, secretary, the RRM said it was reacting to various ‘misleading, vexatious and infuriating reports’ by aides of Gov Fubara and his lead council over the matter.
The statement said there comes a time when impunity to the rule of law has to end.
The group which congratulated Amaewhule and 26 others said it clearly means that the withdrawal has given life to Justice Omotosho’s Judgment of the Federal High Court and the consequent verdict at the Court of Appeal that clearly states that the 2024 budget was illegal because Oko Jumbo and his team do not exist in law.
The statement said: “It is on this premise that RRM, it’s affiliate groups, and majority of Rivers people are calling on the Rivers State House Assembly led by Amaewhule to rise up and action the judgment of the Court of Appeal by ensuring the police is made to enforce all laws.
“It is so shameful and dishonorable that the Gov of Rivers State who is supposed to be the custodian of the law is encouraging his appointees to disobey orders of court via misinterpreting valid court judgment. RRM is also worried that even with the clear statement by the Court of Appeal which today stands as the Law, the Governor still went ahead to appoint members of the Rivers State House of Assembly Service Commission that has been screened by the Oko Jumbo-led team.
“For us, we have vowed to join hands with the House of Assembly members to ensure people who disobey this Appeal Court judgment are arrested because we run a constitutional democracy .
“Finally, RRM is calling on Mr President, the international community, the CJN, senior legal luminaries and the Inspector General of Police to rise up and defend democracy that we all know is anchored on the rule of law.”
Fubara moves on:
Apparently to show the conflicting misinterpretations do not amount to much, Gov Fubara the next day announced appointment of the Rivers State Assembly Service Commission which many believe was populated by Amaewhule/Wike loyalists with new members.
This sent very strong signals that the matter is far from over, and that Fubara did not apply to withdraw the matter to give Amaewhule any recognition.
He also sent more tasks to the Victo Jumbo-Oko faction of the House to carry on more sensitive tasks including screening of nominees of the board of directors for the Rivers State Waste Management Agency and the appointment of the managing director. They were named as Edward Namiesimagha (Chairman), Bishop Best (Member), Ipalibo Sogules (Member), Richard Mazi (Member), and Civian Y. Nwibari (Member), with Orukwem Amadi Oparaeli as managing director.
Conclusion:
Gov Fubara has repeatedly said that until the Supreme Court says clearly that the 27 PDP lawmakers that defected to the APC with affidavits to back their action up rule that such action no longer held valid, he would continue to believe that Amaewhule and the 26 others are no longer members of the Rivers State House of Assembly.
English (US) ·