Supreme Court dismisses Fubara’s suit against pro-Wike lawmakers

The Supreme Court on Monday dismissed the suit by Rivers State governor, Siminalayi Fubara, seeking to remove 27 members of the state’s House of Assembly on the grounds of their alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The apex court dismissed the suit in a ruling delivered by Justice Musa Uwani-Abba-Aji following the dramatic withdrawal of the appeal by Fubara through his lead counsel, Yusuf Ali, SAN.

Fubara, in the notice for withdrawal of the case, simply informed a three-man panel of justices of the court that events had overtaken his suit and that the lawmakers were their friends.

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.

Olanipekun, SAN, however, demanded the outright dismissal of the suit on the premise that parties had filed and exchanged their briefs of arguments and thus joined issues with each other.

He argued that the proper order to be made in the circumstances was the dismissal of the case, which the court agreed with.

Following no objections from parties, the apex court dismissed it and awarded N4 million 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 SAN 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, had become a nullity.

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

Similarly, the Federal High Court in Abuja, presided over by Justice James Omotosho, had 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 Ehie Edison, as an aberration and an illegality.

It consequently ordered Governor Fubara to re-present the budget to the Amaewhule-led Assembly.

The suit filed by the 27 members of the Assembly loyal to former governor of the state and Federal Capital Territory (FCT) Minister, Nyesom Wike, got 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 or redeploying the Clerk of the Assembly and from withholding funds meant for the Assembly, pending the determination of the substantive suit.

But while the order subsisted, Fubara presented the budget that the four lawmakers loyal to him passed.

The governor had also prevented the pro-Wike legislators from sitting by demolishing a 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 the Assembly complex was partially demolished and funds for legislative activities withheld.

The judge issued an order restraining Fubara from frustrating the Assembly led by Amaewhule from sitting or interfering in its activities.

He also described as unlawful Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly, stating that the action amounted to an affront to the separation of powers.

The judge ordered the Clerk and Deputy Clerk to resume office immediately and unhindered.

Apart from also asking Fubara to promptly release all monies standing to the credit of the Assembly, he ordered the Inspector-General of Police (IGP) to immediately deploy his operatives to the Assembly complex.

The judge 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.