Fubara Loses Again As Supreme Court Dismisses Suit Against Pro-Wike Lawmakers

The Supreme Court has dismissed the case filed by Rivers State Governor Siminalayi Fubara, which sought 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).

Naija News reports that in a ruling delivered on Monday by Justice Musa Uwani-Aba-Aji, the Apex Court dismissed the case following the unexpected withdrawal of the appeal by Fubara’s lead counsel, Yusuf Ali SAN.

Governor Fubara, in a notice requesting the withdrawal, informed the panel of Justices that the matter had been overtaken by events.

The Rivers State House of Assembly and its Speaker, Martin Amaewhule, represented by Chief Wole Olanipekun SAN, did not oppose the request for withdrawal.

With no objections from the parties involved, the Supreme Court dismissed the case and ordered Fubara to pay ₦4 million in costs to the House of Assembly and its Speaker.

Speaking to reporters after the ruling, Senior Advocate of Nigeria Ken Njemanze stated that the decision had effectively cleared the path for the 27 lawmakers to fully resume their roles in the Assembly.

He further explained that all legislative actions taken by Fubara in the absence of the 27 lawmakers, including the presentation of the 2024 and 2025 budgets to just three legislators, had been rendered null and void.

Earlier, on October 10, 2024, the Court of Appeal had dismissed Fubara’s appeal on the same issue.

Similarly, the Federal High Court in Abuja, presided over by Justice James Omotosho on January 22, 2024, had nullified the passage of the Rivers State N800 billion 2024 budget, which had been approved by only four lawmakers.

The court ruled that the budget’s passage by the four legislators, led by Hon. Ehie Edison, was unconstitutional and unlawful.

As a result, Governor Fubara was directed to re-submit the budget to the House of Assembly under the leadership of Hon. Martins Amaewhule.

The lawsuit filed by the 27 pro-Wike lawmakers had earlier received favorable rulings from the lower court.

Among the defendants listed in case number FHC/ABJ/CS/1613/2023 were the National Assembly, the Senate, the House of Representatives, and the Clerk of the National Assembly.

Other named parties included Governor Fubara, Hon. Edison, the Rivers State Civil Service Commission, and the Inspector-General of Police (IGP).

While ruling on an ex-parte motion by the 27 legislators, Justice Omotosho had issued an interim order barring Fubara and his associates from obstructing the pro-Wike lawmakers in carrying out their legislative functions.

The governor was also prohibited from reassigning the Clerk of the Assembly or withholding funds designated for the legislature until the main suit was resolved.

Despite the court order, Governor Fubara went ahead with the budget presentation and facilitated its passage by the four lawmakers loyal to him. He also took actions preventing the pro-Wike legislators from convening by demolishing part of the Assembly complex and restricting legislative funding.