In a decisive ruling, the Supreme Court dismissed the suit filed by Rivers State Governor Siminalayi Fubara, aimed at removing 27 State House of Assembly members who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The court also awarded N4 million in costs against Governor Fubara, payable to the House of Assembly and Speaker Martin Amaewhule.
Key Highlights:
- Case Dismissed: The Supreme Court struck out the suit after Governor Fubara’s legal team withdrew the appeal, citing that “events had overtaken the suit.”
- Cost Awarded: Governor Fubara is ordered to pay N4 million to the Rivers State House of Assembly and Speaker Martin Amaewhule.
- Legislative Legitimacy: The ruling affirms the positions of the 27 pro-Wike lawmakers, ending a prolonged legal and political battle.
The Ruling
The ruling, delivered by Justice Musa Muhammad, concludes a protracted legal and political battle that has gripped Rivers State. The 27 lawmakers in question are loyalists of Nyesom Wike, the immediate past governor and current Minister of the Federal Capital Territory (FCT), who has been engaged in a power struggle with Governor Fubara.
Speaking to journalists after the ruling, Ken Njemanze, a Senior Advocate of Nigeria (SAN), emphasized that the lawmakers can now fully resume their duties in the Assembly.
Budget Controversy and Legal Complications
The political crisis had previously led to a budgetary deadlock. Earlier, a Federal High Court in Abuja nullified the Rivers State N800 billion 2024 budget, which had been approved by a faction of only four lawmakers loyal to Governor Fubara, deeming it unconstitutional.
The court had also issued an interim order restraining Governor Fubara from obstructing the pro-Wike legislators, withholding funds, or removing legislative officers. However, the governor proceeded to present the budget to his faction, leading to further legal challenges.
Origins of the Political Crisis
The crisis within the Rivers State House of Assembly began in late 2023, following a fallout between Governor Fubara and his predecessor, Nyesom Wike. Tensions escalated after an alleged impeachment move against Governor Fubara and a subsequent fire at the Rivers State House of Assembly complex.
The defection of the 27 lawmakers from the PDP to the APC in December 2023 further fueled the crisis, leading to a series of legal battles and conflicting court rulings.
Conflicting Court Rulings
- Initial Ruling: The Rivers State High Court initially declared the seats of the defecting lawmakers vacant.
- Appeal Court Reinstatement: The Court of Appeal later overturned this ruling, reinstating the 27 lawmakers and recognizing Martin Amaewhule as the Speaker.
- Continued Disputes: Despite the appellate court’s ruling, Governor Fubara continued to sideline the lawmakers, presenting the 2025 Appropriation Bill to a faction of only four lawmakers.
Judge’s Rebuke
In an earlier judgement, a Federal High Court judge, James Omotosho, criticized Governor Fubara’s actions, including withholding legislative funds and demolishing part of the Assembly complex, as an “affront to the separation of powers.” The judge ordered the reinstatement of the Clerk and Deputy Clerk and directed the governor to release all withheld legislative funds.
The court also barred the National Assembly from intervening in Rivers State’s legislative affairs and instructed the Inspector General of Police to secure the Assembly complex to ensure legislative proceedings continued without interference.