Drama as S’Court dismisses Fubara’s suit against pro-Wike lawmakers
• Gov, Wike loyalists rejoice over ruling
• Opposition lawmakers, coalition insist Fubara ultimate winner
The Supreme Court, yesterday, dismissed the suit by Rivers State Governor, Siminalayi Fubara, seeking to remove 27 members of the House of Assembly on the ground of their reported defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Apparently confused by the ruling that dismissed Fubara’s appeal against the judgment ordering representation of the 2024 budget to the Martins Amaewhule-led Assembly, the camps of the Minister of Federal Capital Territory (FCT), Nyesom Wike, and the governor were both seen celebrating the verdict.
However, the Assembly Speaker, Martin Amaewhule, expressed satisfaction with the judgment, stating that “the Supreme Court has spoken and the people of Rivers are elated with this judgment.”
Meanwhile, contrary to notions held in certain quarters, the opposition lawmakers’ coalition said Fubara remained the ultimate winner of the Supreme Court judgment
The apex court dismissed Fubara’s suit in a ruling delivered by Justice Uwani Musa Aba-Aji following the dramatic withdrawal of the appeal by the governor through his lead counsel, Yusuf Ali (SAN).
Fubara, in the notice for withdrawal of the case, simply informed a three-man panel of justices that events had overtaken his suit, describing the lawmakers as friends.
The request for the withdrawal of the contentious suit was not opposed by the Assembly and its Speaker, Amaewhule, who were represented by Wole Olanipekun (SAN).
Olanipekun, however, demanded outright dismissal of the suit on the premise that parties had filed and exchanged their brief of arguments and thus, joined issues with each other.
Following no objections from the parties, the apex court dismissed it and awarded N4 million against Fubara to be paid to the Assembly and Amaewhule.
Addressing newsmen after the dismissal of the suit, Ken Njemanze (SAN) said the coast had been finally cleared for the 27 lawmakers to take over the Assembly fully.
He explained that all steps taken by Fubara in the absence of the 27 lawmakers, including presentation of the 2024 and 2025 budgets to three lawmakers, among others, “have become a nullity.”
The Court of Appeal had on October 10, 2024, dismissed Fubara’s appeal on the same matter. Also, the Federal High Court in Abuja presided over by Justice James Omotosho, on January 22, 2024, nullified the passage of the state’s N800 billion 2024 budget by a four-member Assembly, describing the bill passage by the Ehie Edison-led four-member Assembly as an aberration and illegality.
It consequently ordered Fubara to re-present the budget to the Amaewhule-led Assembly.
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, Fubara presented the budget that the four lawmakers loyal to him passed.
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 men to the Assembly complex.
SUPPORTERS of Fubara and Wike took to various social media platforms to celebrate the ruling, believing it favoured their respective camps.
Some supporters of Wike declared free drinks at some eateries, while others offered free data to their followers. One of Wike’s diehards, Amadi ThankGod, on his Facebook handle, praised Wike, declaring him as the ‘gamemaster’ while urging Fubara to prepare his ‘handover note’.
However, Fubara’s supporter, Amadi Eze, described the celebration by Wike’s camp as “premature ejaculation”, arguing that the Supreme Court did not dismiss Fubara’s appeal. He explained that the appeal was withdrawn by lawyers representing the governor because the subject matter had been overtaken by events.
Reacting to the developments, the Commissioner for Information and Communications, Joseph Johnson, said the appeal was of no use and had been overtaken by events; hence, it was withdrawn and dismissed.
He said, “The Supreme Court is very busy. It will be most unwise to belabour the court with academic appeals without any practical or utilitarian value.”
He maintained that Victor Oko-Jumbo “remains the authentic Speaker” of the Assembly, affirming that nothing could change that.
The Chief of Staff to the Governor, Edison Ehie, said the matter was still before the Supreme Court. He explained that the Supreme Court’s decision, yesterday, was about the Appeal Court judgment that Fubara should re-present the 2024 budget before the Amaewhule-led Assembly.
The apex Court reserved judgment in four appeals till a date that would be communicated to parties after talking arguments from lawyers involved in the matters.
The four appeals are marked SC/CV/1174/2024 between Rivers State House of Assembly and others against the Rivers State Government and nine others; SC/CV/1175/2024 between Rivers State House of Assembly and others against the Rivers State Governor and nine others; SC/CV/1176/2024, between Rivers State House of Assembly and others against Rivers State Independent Electoral Commission (RSIEC) and nine others; and SC/CV/1177/2024 between Rivers State House of Assembly and others against the Accountant General of Rivers State and nine others.
They are in respect of some judgments delivered by the Federal High Court in Abuja, which prohibited the release of monthly funds to Rivers from the Federation Account and another that barred the Independent National Electoral Commission (INEC) from releasing voter registers to the state government for the purpose conducting local government election among others.
AMAEWHULE commended the five-man panel of Justices of the Supreme Court (JSCs) for upholding justice and reaffirming the rule of law.
He extended his gratitude to the leaders of Rivers, particularly Wike, who supported the Assembly throughout this period.
Addressing the issue of vacant seats in the Assembly, he stated that one former member had passed on, another absconded from duty and three other seats were declared vacant due to absenteeism.
He called on INEC to conduct elections to fill the positions.
SPOKESPERSON of the coalition, Ikenga Ugochinyere, during a briefing at the National Assembly complex, yesterday, said “Oko-Jumbo is still in charge and control of the legislature” in the South-South state.
The coalition maintained that the verdict of the apex court was in favour of Fubara, as it was predicated on his withdrawal of the appeal through his lead counsel, Yusuf Ali.
According to him, Fubara did not lose any case at the Supreme Court, he withdrew his appeal over the 2024 budget, which had been spent and projects executed.
According to the coalition, no court has ruled anything in favour of the pro-Wike sacked lawmakers.
The opposition lawmakers urged Fubara to remain focused on delivering good governance to the people of Rivers and ignore political shenanigans.
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