The Supreme Court has thrown out the suit filed 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 Apex Court on Monday, 10 February, 2024 dismissed the suit in a ruling delivered by Justice Musa Uwani-Aba-Aji following the dramatic withdrawal of the appeal by Fubara through his lead counsel, Yusuf Ali SAN.
Governor Fubara, in the notice for withdrawal of the case, simply informed a 3-man panel of Justices of the Court that events had overtaken his suit.
The request for the withdrawal of the contentious suit was not opposed by the Rivers State House of Assembly and its Speaker, Martin Amaewhule, who were represented by Chief Wole Olanipekun SAN.
Following no objections from the parties, the Apex Court dismissed the case and awarded N4M against Fubara to be paid to the House of Assembly and Amaewhule.
Addressing newsmen shortly after the dismissal of the suit, 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, have become a nullity.
The Court of Appeal had, on Thursday, 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 the former governor of the state and Federal Capital Territory (FCT) Minister, Nyesom Wike, received the blessings 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, 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.
Delivering judgment, Justice Omotosho 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 in which the Assembly complex was partially demolished and funds for legislative activities were withheld.
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 ordered the Clerk and the Deputy Clerk to resume office immediately and unhindered.
Apart from 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.
