The Supreme Court has dismissed the lawsuit filed by Rivers State Governor Siminalayi Fubara, which sought the removal of 27 State House of Assembly members over their alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The Apex Court’s decision followed the unexpected withdrawal of the appeal by Fubara’s lead counsel, Yusuf Ali SAN. In a formal notice to the panel of justices, the governor indicated that the matter had been overtaken by events.
Chief Wole Olanipekun SAN, representing the Rivers State House of Assembly, and Speaker Martin Amaewhule did not oppose the withdrawal.
With no objections from any party, the court dismissed the case and ordered Governor Fubara to pay ₦4 million in costs to the House of Assembly and its Speaker.
Senior Advocate of Nigeria Ken Njemanze, speaking after the ruling, confirmed that the decision cleared the way for the 27 lawmakers to fully resume their legislative duties.
He noted that all legislative actions carried out by Governor Fubara in the absence of the lawmakers, including the controversial presentation of the 2024 and 2025 budgets to only three legislators, were rendered null and void.
This decision aligns with prior rulings from lower courts. On October 10, 2024, the Court of Appeal had already dismissed Fubara’s appeal on the same issue.
Similarly, on January 22, 2024, Justice James Omotosho of the Federal High Court in Abuja nullified the passage of the N800 billion Rivers State 2024 budget, deeming it unconstitutional and unlawful because it was approved by only four legislators led by Hon. Ehie Edison.
The court directed the governor to resubmit the budget to the Assembly under Speaker Martins Amaewhule’s leadership.
Earlier, the 27 lawmakers, who are aligned with former Governor Nyesom Wike, had received favourable rulings from the Federal High Court.
In case number FHC/ABJ/CS/1613/2023, Justice Omotosho issued an interim order prohibiting Governor Fubara and his associates from obstructing the pro-Wike lawmakers in performing their legislative functions.
The governor was also barred from reassigning the Clerk of the Assembly or withholding funds designated for the legislature.
Despite these rulings, Fubara went ahead with the budget presentation and facilitated its passage with the support of only four loyal lawmakers.
He also took drastic actions, including demolishing part of the Assembly complex and restricting legislative funding to prevent the pro-Wike legislators from convening.
With the Supreme Court’s final dismissal of the case, the legal drama appears to have reached its conclusion, reinforcing the legislative authority of the 27 lawmakers.