The Supreme Court has dismissed the lawsuit filed by Rivers State Governor, Siminalayi Fubara, seeking to remove 27 members of the state House of Assembly over their alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a ruling delivered on Monday, Justice Musa Uwani-Abba-Aji struck out the case following Fubara’s decision to withdraw the appeal.
The governor, through his lead counsel, Yusuf Ali (SAN), informed the three-man panel that the matter had been overtaken by events and that the lawmakers were now considered allies.
The Rivers State House of Assembly, led by Speaker Martin Amaewhule, did not oppose the withdrawal but, through its counsel, Chief Wole Olanipekun (SAN), requested the outright dismissal of the case.
Olanipekun argued that since both parties had already exchanged legal arguments, the suit should not merely be struck out but dismissed entirely.
The Supreme Court agreed and dismissed the case, ordering Governor Fubara to pay N4 million in legal costs to the House of Assembly and its Speaker.
Speaking after the ruling, Senior Advocate of Nigeria Ken Njemanze stated that the judgment had cleared the way for the 27 lawmakers to fully resume legislative duties.
He further noted that all actions taken in their absence, including the presentation of the 2024 and 2025 state budgets to just three lawmakers, were now void.
The decision aligns with earlier rulings on the matter. On October 10, 2024, the Court of Appeal dismissed Fubara’s appeal on the same issue.
Likewise, on January 22, 2024, the Federal High Court in Abuja, presided over by Justice James Omotosho, invalidated the passage of the Rivers State N800 billion 2024 budget by four lawmakers loyal to the governor.
The judge ruled that such an action was unconstitutional and ordered Fubara to re-present the budget to the Amaewhule-led Assembly.
The 27 lawmakers had earlier secured a court order barring the governor from interfering in their legislative activities.
However, Fubara continued to challenge their authority by presenting the state budget without their involvement and allegedly withholding legislative funds.
The governor also ordered the partial demolition of the Assembly complex, preventing the lawmakers from holding sittings.
In his judgment, Justice Omotosho condemned these actions, stating that Fubara had acted in defiance of court orders.
He ruled that all legislative decisions made by the governor’s faction were null and void.
The judge further ordered the immediate reinstatement of the Clerk and Deputy Clerk of the Assembly and directed the Inspector-General of Police to deploy officers to secure the Assembly complex.
Additionally, the court restrained the National Assembly from assuming control of the Rivers State Assembly or entertaining any request from Fubara regarding legislative matters.
