The Supreme Court on Monday dismissed the suit by Rivers State Governor, Siminalayi Fubar seeking to remove 27 members of the State House of Assembly on ground of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Uwani Aba-Aji delivered the judgment following the dramatic withdrawal of the appeal by Fubara through his lead counsel, Yusuf Ali, SAN.
Fubara in the notice for withdrawal of the case simply informed a three-man panel of justices of the court that events have overtaken his suit and that the lawmakers are their friends.
The request for the withdrawal of the contentious suit was not opposed by the Rivers States House of Assembly and its Speaker, Martin Amaewhule who were represented by Chief Wole Olanipekun, SAN.
Olanipekun, however, demanded for outright dismissal of the suit on the premise that parties have filed and exchanged their brief of arguments and thus, joined issues with each other.
He argued that the proper order to be made in the circumstances is the dismissal of the case which the court agreed with.
Following no objections from parties, the apex court dismissed it and awarded two million each against Fubara to be paid to the House of Assembly and Amaewhule.
Addressing newsmen shortly after the dismissal of the suit, Ken Njemanze, SAN said that the coast has been finally cleared for the 27 lawmakers to take over the House of Assembly fully.
Njemanze said that all steps taken by Fubara in the absence of the 27 lawmakers, including presentation of the 2024 and 2025 budgets to only four lawmakers among others, have become a nullity.
The Court of Appeal had on October 10, 2024 dismissed Fubara’s an appeal on the same matter.
The Federal High Court in Abuja
presided over by Justice James Omotosho on January 22, 2024, also 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 Fubara to re-present the budget to the 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 filed the suit which got the blessings of the lower court.
Listed as defendants of 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.
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 30 November 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 separation of power.
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.
