Gov Fubara Loses As Supreme Court Dismisses Appeal Seeking To Remove 27 Lawmakers From Assembly
The Supreme Court on Monday, dismissed the suit filed by Rivers State Governor, Siminalayi Fubara, seeking the sack of 27 members of the State House of Assembly for defecting from the People’s Democratic Party, PDP, to the All Progressives Congress, APC.
The Supreme Court on Monday, dismissed the suit filed by Rivers State Governor, Siminalayi Fubara, seeking the sack of 27 members of the State House of Assembly for defecting from the People’s Democratic Party, PDP, to the All Progressives Congress, APC.
The Apex Court dismissed the suit following the dramatic withdrawal of the appeal by Fubara through his lead counsel, Yusuf Ali, SAN.
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.
Others include Governor Fubara, Hon. Edison, the Rivers State Civil Service Commission, and the Inspector-General of Police, IGP.
in a ruling delivered by Justice Musa Uwani-Aba-Aji, the apex court dismissed the case and awarded N4 million against Fubara to be paid to the House of Assembly and Amaewhule.
Governor Fubara, in the notice for withdrawal of the case, simply informed the three-man panel of Justices of the Court that events had overtaken his suit, and requested the withdrawal of the contentious suit.
Governor Fubara, in the notice for withdrawal of the case, simply informed the three-man panel of Justices of the Court that events had overtaken his suit, and requested the withdrawal of the contentious suit.
His request was not opposed by the Rivers State House of Assembly and its Speaker, Martin Amaewhule, represented by Chief Wole Olanipekun SAN.
There was no objections from the other parties in the suit, promoting the apex court to dismiss it.
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, explaining 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, have become a nullity.
The Court of Appeal had, on Thursday, 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 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 Hon. Ehie Edison, as an aberration and illegality, and
consequently ordered Governor Fubara to re-present the budget to the Hon. Martins Amaewhule-led Assembly.
The suit filed by the 27 members of the Assembly loyal to the former governor of the state and Federal Capital Territory, FCT, Minister, Nyesom Wike, received the blessings of the lower court.
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.
However, while the order subsisted, Governor Fubara presented the budget passed by the four lawmakers loyal to him. The governor also prevented the pro-Wike legislators from sitting by demolishing part of the Assembly complex and withholding funds for legislative functions.
According to Justice Omotosho, the four lawmakers’ passage of the budget and other actions taken while the November 30, 2023 order subsisted amounted to a nullity.
The judge then, issued an order restraining Fubara from frustrating the Assembly, led by Hon. Amaewhule, from sitting or interfering in its activities.
He also further described as unlawful Governor Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly, stating that the action amounted to an affront on the separation of powers, and 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 operatives to the Assembly complex.
Furthermore, Justice Omotosho barred the National Assembly from taking over the Assembly or accepting or treating any request by Governor Fubara on any matter affecting the legislature.
There was no objections from the other parties in the suit, promoting the apex court to dismiss it.
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, explaining 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, have become a nullity.
The Court of Appeal had, on Thursday, 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 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 Hon. Ehie Edison, as an aberration and illegality, and
consequently ordered Governor Fubara to re-present the budget to the Hon. Martins Amaewhule-led Assembly.
The suit filed by the 27 members of the Assembly loyal to the former governor of the state and Federal Capital Territory, FCT, Minister, Nyesom Wike, received the blessings of the lower court.
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.
However, while the order subsisted, Governor Fubara presented the budget passed by the four lawmakers loyal to him. The governor also prevented the pro-Wike legislators from sitting by demolishing part of the Assembly complex and withholding funds for legislative functions.
According to Justice Omotosho, the four lawmakers’ passage of the budget and other actions taken while the November 30, 2023 order subsisted amounted to a nullity.
The judge then, issued an order restraining Fubara from frustrating the Assembly, led by Hon. Amaewhule, from sitting or interfering in its activities.
He also further described as unlawful Governor Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly, stating that the action amounted to an affront on the separation of powers, and 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 operatives to the Assembly complex.
Furthermore, Justice Omotosho barred the National Assembly from taking over the Assembly or accepting or treating any request by Governor Fubara on any matter affecting the legislature.
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