Supreme Court dismisses Fubara’s appeal against Rivers lawmakers

By Godwin Tsa, Abuja

The Supreme Court has dismissed the suit 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 dismissal followed the withdrawal of the appeal by Governor Fubara on the grounds that it had been overtaken by events.

Justice Musa Uwani-Aba-Aji ruled following the dramatic withdrawal of the appeal by Fubara through his lead counsel, Yusuf Ali SAN.

Governor Fubara filed the notice for withdrawal, which was moved by his lead counsel, Yusuf Ali, who also added that the lawmakers were their friends.

Counsel to the Rivers State House of Assembly and its Speaker, Martin Amaewhule, Chief Wole Olanikpekun, did not oppose the notice for withdrawal of the appeal.

Olanipekun SAN, however, argued that since issues had been joined by parties to the appeal through the filing of their briefs of arguments, the proper order to be made was an order dismissing the appeal. He also asked that a cost of N2m should be awarded in favour of his clients. Counsel to the 3rd to the 12th respondents, Joseph Daudu, on his part, adopted the submissions canvassed by Olanikpekun in urging the court to dismiss the appeal and award costs. Both Duduru Eden for the 14th to 16th respondents and Mimi Ayua for the 17th respondent did not object to the notice of withdrawal but did not ask for costs. In her ruling, Justice Abba-Aji dismissed the appeal and awarded the cost of N2m each against Fubara, in favour of the 1st to 2nd respondents as well as the 3rd to 12th respondents (House of Assembly and Amaewhule).

Meanwhile, speaking after the court session, Senior Advocate of Nigeria Ken Njemanze said that the coast had been finally cleared for the 27 lawmakers to take over the House of Assembly fully.

The senior advocate explained that all steps taken by Fubara in the absence of the 27 lawmakers, including the presentation of the 2024 and 2025 budgets to only three lawmakers, among others, had become a nullity.

The Court of Appeal had on October 10, 2024, dismissed Fubara’s appeal on the same matter.

Similarly, the Federal High Court in Abuja, presided over by Justice James Omotosho on January 22, 2024, nullified the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly.

The court had described the bill’s passage by the four lawmakers, led by Hon. Ehie Edison, as an aberration and illegality.

It consequently ordered Governor Fubara to re-present the budget to the Hon. Martins Amaewhule-led Assembly.

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, was filed with 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 had, 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/redeploying the Clerk of the Assembly and withholding funds meant for the Assembly, pending the determination of the substantive suit.

But, while the order subsisted, Governor Fubara presented the budget that the four lawmakers loyal to him passed.

The governor had also prevented the pro-Wike legislators from sitting by demolishing a part of the Assembly complex and withholding funds for legislative functions.

Delivering judgment, Justice Omotosho had held that the four lawmakers’ passage of the budget and other actions taken while the November 30, 2023, order subsisted amounted to a nullity.

He said the governor acted like a tyrant in the manner the Assembly complex was partially demolished and funds for legislative activities withheld.

The judge had 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 the action amounted to an affront on the separation of powers.

The judge ordered the Clerk and the Deputy Clerk to resume office immediately and unhindered.

Apart from also asking Fubara to promptly release all monies standing to the credit of the Assembly, he also ordered the Inspector-General of Police (IGP) to immediately deploy his operatives to the Assembly complex.

The judge had also barred the National Assembly from taking over the Assembly or accepting or treating any request by Governor Fubara on any matter affecting the Legislature.