JUST IN: Supreme Court Dismisses Governor Fubara’s Suit Against 27 Rivers Lawmakers

The Supreme Court has dismissed a suit filed by Rivers State Governor, Siminalayi Fubara, seeking to remove 27 members of the State House of Assembly who allegedly defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). The decision, delivered on Monday by Justice Musa Uwani-Aba-Aji, came after Fubara withdrew his appeal through his lead counsel, Yusuf Ali SAN.

Governor Fubara cited changing circumstances as the reason for withdrawing the suit, a move that was not contested by the Rivers State House of Assembly and its Speaker, Martin Amaewhule, represented by Chief Wole Olanipekun SAN. Consequently, the court dismissed the case and ordered Fubara to pay N4 million to the Assembly and its Speaker.

Following the ruling, Senior Advocate of Nigeria Ken Njemanze stated that the 27 lawmakers could now fully resume legislative activities. He added that actions taken by Governor Fubara in the absence of these lawmakers, including the presentation of the 2024 and 2025 budgets to only three lawmakers, were legally invalid.

This Supreme Court decision aligns with previous rulings on the matter. The Court of Appeal had dismissed Fubara’s appeal on October 10, 2024, while the Federal High Court in Abuja, presided over by Justice James Omotosho, nullified the passage of Rivers State’s N800 billion 2024 budget by four lawmakers on January 22, 2024. Justice Omotosho ruled that the passage of the bill by the four legislators, led by Hon. Ehie Edison, was illegal and ordered Fubara to re-present the budget to the Assembly led by Amaewhule.

The case originated from a suit filed by the 27 lawmakers loyal to former governor and current Minister of the Federal Capital Territory, Nyesom Wike. The Federal High Court’s ruling had barred Fubara from interfering with the Assembly’s functions, removing its Clerk, or withholding its funds. However, despite this order, Fubara proceeded with the budget presentation and took actions that obstructed the pro-Wike lawmakers, including partially demolishing the Assembly complex and withholding legislative funds.

Justice Omotosho condemned these actions, describing them as an abuse of power. He declared all decisions made by the four pro-Fubara lawmakers null and void, reinstated the Clerk and Deputy Clerk, and ordered the release of funds owed to the Assembly. He also directed the Inspector-General of Police to deploy officers to the Assembly complex to ensure its smooth operation.

Additionally, the court ruled that the National Assembly could not take over legislative duties in Rivers State or entertain any requests from Governor Fubara regarding the House of Assembly.