Supreme court upholds 27 Rivers lawmakers’ positions, rejects Fubara’s suit

The Supreme Court has upheld the positions of 27 Rivers State lawmakers and rejected Governor Siminalayi Fubara’s suit challenging their legitimacy. Fubara had sought to remove the legislators over their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

The Apex Court, on Monday, dismissed the suit in a ruling delivered by Justice Musa Uwani-Aba-Aji after Governor Fubara, through his lead counsel, Yusuf Ali SAN, dramatically withdrew the appeal.

In the notice of withdrawal, Governor Fubara informed the three-member panel of Justices that his suit had been overtaken by events.

Martin Amaewhule, Rivers State House of Assembly and its Speaker, represented by Chief Wole Olanipekun SAN, did not oppose the request to withdraw the contentious suit.

With no objections from the parties involved, the Apex Court dismissed the case and ordered Fubara to pay N4 million in costs to the House of Assembly and Speaker Martin Amaewhule.

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Speaking to journalists after the ruling, Senior Advocate of Nigeria Ken Njemanze stated that the judgment had definitively paved the way for the 27 lawmakers to fully assume control of the House of Assembly.

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, have become a nullity.

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

On January 22, 2024, the Federal High Court in Abuja, presided over by Justice James Omotosho, nullified the passage of Rivers State’s N800 billion 2024 budget, which had been approved by just four members of the House of Assembly.

The court ruled that the budget’s passage, led by Hon. Ehie Edison, was an aberration and unlawful. As a result, it directed Governor Fubara to re-present the budget before the Assembly led by Hon. Martins Amaewhule.

The lawsuit, filed by 27 lawmakers loyal to former Governor and current FCT Minister Nyesom Wike, was upheld by the lower court.

Named as defendants in the case, marked FHC/ABJ/CS/1613/2023, were the National Assembly, the Senate, the House of Representatives, and the Clerk of 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/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 passed by the four lawmakers loyal to him. The governor also prevented the pro-Wike legislators from sitting by demolishing part of the Assembly complex and withholding funds for legislative functions.

In his judgment, Justice Omotosho ruled that the passage of the budget and other actions taken by the four lawmakers while the November 30, 2023, order was in effect were invalid.

He further criticized the governor’s actions, stating that the partial demolition of the Assembly complex and the withholding of funds for legislative activities reflected a tyrannical approach.
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 the action amounted to an affront on the separation of powers.

The judge directed the Clerk and Deputy Clerk to resume their duties immediately without obstruction.

Additionally, he ordered Governor Fubara to release all funds allocated to the Assembly without delay and instructed the Inspector-General of Police (IGP) to deploy officers to secure the Assembly complex.

Furthermore, the court barred the National Assembly from assuming control of the Rivers State House of Assembly or considering any requests from Governor Fubara related to legislative matters.