The Supreme Court has dismissed the suit filed by Rivers Gov. Siminalayi Fubara, seeking to remove 27 members of the State House of Assembly on the grounds of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The apex court dismissed the suit on Monday through a ruling delivered by Justice Musa Uwani-Aba-Aji, prompted by Fubara’s sudden withdrawal of the appeal, filed through his lead counsel, Mr. Yusuf Ali (SAN).
Fubara notified a 3-man panel of justices that events had overtaken his suit, prompting the withdrawal of the case.
The request was unopposed by the Rivers State House of Assembly and its Speaker, Martin Amaewhule, represented by Chief Wole Olanipekun (SAN).
Following no objections from the parties, the apex court dismissed the case and awarded N4 million against Fubara to be paid to the House of Assembly and Amaewhule.
Addressing newsmen after the ruling, Mr. Ken Njemanze (SAN) said the path was now clear for the 27 lawmakers to assume full control of the House of Assembly.
He said 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.
Persecondnews recalls that the Court of Appeal had, on Thursday, October 10, 2024, dismissed Fubara’s appeal on the same issue.
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 Mr. Ehie Edison, as an aberration and illegality.
It consequently ordered Fubara to re-present the budget to the Mr. Martins Amaewhule-led Assembly.
The suit filed by the 27 members of the Assembly loyal to former governor of the state and Federal Capital Territory (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 Gov. Fubara, Mr. Edison, the Rivers State Civil Service Commission, and the Inspector-General of Police (IGP).
Justice Omotosho had 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.
But, while the order subsisted, Fubara presented the budget that the four lawmakers loyal to him passed.
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 Mr. Amaewhule from sitting or interfering in its activities.
He also described as unlawful, Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly, 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 also asking Fubara to promptly release all monies standing to the credit of the Assembly, he also ordered the 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 Gov. Fubara on any matter affecting the legislature.
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