The Supreme Court has dismissed the suit filed by Rivers State Governor Siminalayi Fubara seeking to remove 27 members of the State House of Assembly on the ground of their alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The presiding judge, Justice Uwani Aba-Aji, delivered the judgement on Monday, February 10, 2025, 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 informed a three-man panel of justices of the Supreme Court that events had overtaken his suit and that the lawmakers are their friends.
The request for the suit’s withdrawal was not opposed by the Rivers States House of Assembly and its Speaker, Martin 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 arguments and thus, joined issues with each other.
He stated that the proper order to be made in the circumstances is the dismissal of the case which the court agreed with.
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Following no objections from parties, the Supreme Court dismissed it and awarded N2 million 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 the coast has been finally cleared for the 27 lawmakers to take over the House of Assembly fully.
Njemanze said all steps taken by Fubara in the absence of the 27 lawmakers, including the presentation of the 2024 and 2025 budgets to only four lawmakers, among others, have become a nullity.
The Court of Appeal had on October 10, 2024, dismissed Fubara’s appeal on the same matter.
The Federal High Court in Abuja presided over by Justice James Omotosho on January 22, 2024, also nullified the passage of Rivers State’s N800 billion 2024 budget by four lawmakers.
The court had described the bill’s passage by the four lawmakers, 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 lawmakers are loyal to the former governor of the state and Federal Capital Territory (FCT) Minister, Nyesom Wike.
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