The Supreme Court on Monday dismissed the suit by Governor Siminalayi Fubara seeking to remove 27 State House of Assembly members on the grounds of their alleged defection from the Peoples Democratic Party to the All Progressives Congress.
Justice Uwani Abba-Aji delivered the judgment following the dramatic withdrawal of the appeal by Mr Fubara through his lead counsel, Yusuf Ali.
Mr Fubara, in the notice for withdrawal of the case, informed a three-man panel of justices of the court that events have overtaken his suit and that the lawmakers are their friends.
The request to withdraw the contentious suit was not opposed by the Rivers States House of Assembly and its speaker, Martin Amaewhule.
Mr Olanipekun, however, demanded outright dismissal of the suit on the premise that parties had filed and exchanged their brief arguments and thus joined issues with each other.
He argued that the proper order to be made in the circumstances is the dismissal of the case, which the court agreed with.
Following no objections from the parties, the apex court dismissed it and awarded N2 million each against Mr Fubara to be paid to the House of Assembly and Mr Amaewhule.
Addressing journalists shortly after the dismissal of the suit, Ken Njemanze said the coast has finally been cleared for the 27 lawmakers to take over the House of Assembly fully.
Mr Njemanze said all steps taken by Mr Fubara in the absence of the 27 lawmakers, including the presentation of the 2024 and 2025 budgets to only four lawmakers, have become a nullity.
The Court of Appeal had, on October 10, 2024, dismissed Mr Fubara’s appeal on the same matter.
The Federal High Court, Abuja Division, presided over by Justice James Omotosho on January 22, 2024, also 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 illegality.
It consequently ordered Mr Fubara to re-present the budget to the Martins Amaewhule-led Assembly.
The suit filed by the 27 members of the assembly, loyal to the former governor of the state and FCT minister Nyesom Wike, got the blessings of the lower court.
Listed as defendants of 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 Mr Fubara, Mr Edison, the Rivers State Civil Service Commission, and the inspector general of police.
Mr Omotosho, while ruling on an ex parte motion by the 27 legislators, issued an interim order restraining Mr 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.
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, Mr Omotosho had 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 had issued an order restraining Mr Fubara from frustrating the assembly, led by Mr Amaewhule, from sitting or interfering in its activities.
He also described Mr Fubara’s redeployment of the clerk and deputy clerk out of the assembly as unlawful, stating that the action amounted to an affront on separation of power.
The judge ordered the clerk and the deputy clerk to resume office immediately and unhindered.
Apart from asking Mr Fubara to promptly release all monies standing to the credit of the assembly, he also ordered the inspector general of police to deploy his operatives to the assembly complex immediately.
The judge had also barred the National Assembly from taking over the assembly or accepting or treating any request by Mr Fubara on any matter affecting the legislature.
