By Vincent Egunyanga, with agency report
Yesterday, the Supreme Court dismissed the appeal filed by the Rivers State Governor, Siminalayi Fubara, challenging the leadership of the state House of Assembly, led by Martin Amaewhule.
The five-man Supreme Court panel, led by Justice Uwani Abba-Aji, delivered the judgment following Fubara’s dramatic withdrawal of the appeal through his lead counsel, Yusuf Ali (SAN).
In the notice for withdrawal of the case, Fubara informed the panel of court justices that events had overtaken his suit and that the lawmakers were their friends.
*‘Court discountenanced withdrawal that’s why the case was dismissed with costs’
The request to withdraw the contentious suit was not opposed by the 27-member state House of Assembly members, including the Speaker, Martin Amaewhule, who Chief Wole Olanipekun, SAN, represented.
Olanipekun, however, demanded outright dismissal of the suit on the premise that the parties had filed and exchanged their briefs of arguments and thus joined issues.
He argued that the proper order to be made in the circumstances is the dismissal of the case, which the court agreed with.
One of their lawyers said, “His lawyers applied to withdraw the suit, but Wole Olanipekun, SAN, and J.B Daudu, SAN for the 26 lawmakers, told the court that it was too late to withdraw the suit. They argued that they had gone past that stage as they had filed their responses to Fubara’s prayers.
“They contended that Fubara’s lawyers, having seen what the respondents filed, realised that the governor had no case. They prayed the court to reject the application to withdraw the suit and dismiss it with costs.
“The Supreme Court subsequently dismissed the suit and awarded cost against Fubara.”
*Amaewhule, 26 lawmakers awarded N2m as costs against governor
Following no objections from the parties, the apex court dismissed it and awarded N2m each against Fubara to be paid to the House of Assembly and Amaewhule.
Addressing newsmen shortly after the dismissal of the suit, Ken Njemanze (SAN) said that the coast has finally cleared for the 27 lawmakers to fully take over the House of Assembly.
Njemanze said that all steps taken by Fubara in the absence of the 27 lawmakers, including presenting the 2024 and 2025 budgets to only four lawmakers, among others, have become nullities.
The Court of Appeal dismissed Fubara’s appeal on the same matter on October 10, 2024.
The Federal High Court in Abuja, presided over by Justice James Omotosho on January 22, 2024, also nullified the passage of Rivers State’s N800bn 2024 budget by four members of the House of Assembly.
The court had described the four lawmakers’ passage of the Bill, led by Ehie Edison, as an aberration and illegality.
It consequently ordered Fubara to re-present the budget to the Martins Amaewhule-led Assembly.
The 27 members of the Assembly loyal to former governor of the state and Federal Capital Territory (FCT) Minister Nyesom Wike filed the suit, which received 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 Governor Fubara, 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/redeploying the Assembly Clerk 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, Justice 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 Fubara from frustrating the Assembly-led by Hon. Amaewhule from sitting or interfering in its activities.
He also described Governor Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly as unlawful, stating that the action amounted to an affront to the separation of power.
The judge ordered the Clerk and the Deputy Clerk to resume office immediately and unhindered.
He also asked 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 had 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.
The Rivers Assembly has been embroiled in a protracted crisis since 2023 when over 25 lawmakers loyal to former governor Nyesom Wike dumped the Peoples Democratic Party (PDP) for the ruling All Progressives Congress (APC).
Lawmakers then contested Amaewhule’s leadership of the House in a rival group led by Victor Oko-Jumbo, who was known to be loyal to Fubara.
Fubara has since transacted the state’s business with the Oko-Jumbo group while ignoring the Amaewhule faction.
Last October, the Court of Appeal in Abuja affirmed the Federal High Court’s judgment, which set aside the N800 billion 2024 budget passed by Amaewhule’s rival group.
The appellate court had dismissed the appeal filed by Fubara on grounds that it lacked merit.
The court had nullified the 2024 Rivers budget passed by pro-Fubara lawmakers and set aside the presentation and passage of the Rivers State 2024 budget.
*Why we withdrew from case- Rivers govt
Meanwhile, the Rivers State Governor, Fubara, has explained why he withdrew the appeal related to the 2024 budget, saying the case no longer serves any purpose.
He made this known through a statement issued yesterday by the Commissioner for Information and Communication, Warisenibo Joe Johnson.
Fubara pointed out that the 2024 budget cycle ended on December 31, making the appeal unnecessary.
He stated that further action would have wasted the Supreme Court’s time.
The statement also addressed claims that the court ruled against Fubara, clarifying that the Supreme Court only acknowledged the withdrawal of the appeal.
It dismissed suggestions of a judgement against the governor, calling such claims political propaganda.
