The Supreme Court has dismissed the suit filed by Rivers State Governor Siminalayi Fubara seeking the removal of 27 members of the State House of Assembly over their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The court, in a ruling delivered on Monday by Musa Muhammad, struck out the case after Mr Fubara’s legal team, led by Yusuf Ali, a Senior Advocate of Nigeria (SAN), withdrew the appeal.
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The governor, in his notice of withdrawal, simply informed the panel of justices that “events had overtaken the suit.”
The Rivers State House of Assembly and its Speaker, Martin Amaewhule, represented by Wole Olanipekun, also a SAN, did not oppose the withdrawal.
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Following this, the Supreme Court struck out the suit and awarded N4 million in costs against Mr Fubara, to be paid to the House of Assembly and Mr Amaewhule.
Legislative legitimacy and budget controversy
The 27 lawmakers are loyalists of the immediate past governor of the state and the incumbent Minister of Federal Capital Territory, Nyesom Wike, who has been locked in a superiority battle with Governor Fubara.
The judgement has put to rest issues surrounding the position of the 27 lawmakers, who had been entangled in a prolonged legal and political battle with the governor.
Addressing journalists after the ruling, Ken Njemanze, also a SAN, stated that the lawmakers can now fully assume their roles in the Assembly.
The crisis had earlier led to a budgetary deadlock. In January 2024, a judge of the Federal High Court in Abuja, James Omotosho, nullified the passage of the Rivers State N800 billion 2024 budget, which had been approved by just four lawmakers loyal to Mr Fubara.
The court ruled that the passage of such a budget by a minority faction was unconstitutional and lacked legislative quorum.
Mr Omotosho earlier issued an interim order restraining Mr Fubara from obstructing the pro-Wike legislators from carrying out their duties, withholding funds, or removing legislative officers.
However, while the order was still in effect, the governor presented the budget to his faction, leading to further legal complications.
Origins of the political crisis
The crisis within the Rivers State House of Assembly traces back to late 2023, following a political fallout between Mr Fubara and his predecessor, now FCT minister Mr Wike.
On 29 October 2023, amid speculations of an impeachment move against Mr Fubara, a fire broke out at the Rivers State House of Assembly complex around 10 p.m.
However, security operatives swiftly took control of the complex while a fire truck was deployed to the scene.
The tensions escalated as Messrs Fubara and Wike struggled over the control of the PDP’s political structure in the state.
In December 2023, the 27 lawmakers defected from the PDP to the APC, triggering a constitutional debate. The Nigerian Constitution stipulates that lawmakers who defect from their original party must vacate their seats unless their defection is due to internal divisions within the party.
In response, the Rivers State High Court declared the seats of the defecting lawmakers vacant. The decision was challenged, leading to a series of legal battles.
The lower court decision made Mr Fubara sideline the 27 lawmakers by presenting 2024 budget to four lawmakers loyal to him.
The action was challenged in court, and in October 2024, the Court of Appeal upheld the Federal High Court’s decision that nullified the budget passed by the four lawmakers, stating that it lacked the required legislative quorum.
In July 2024, the Court of Appeal in Abuja overturned the lower court’s ruling, reinstating the 27 lawmakers and recognising Mr Amaewhule as the Speaker of the House.
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Despite the appellate court’s ruling, Mr Fubara continued to sideline the lawmakers, presenting the 2025 Appropriation Bill to a faction of only four lawmakers.
In an earlier judgement of the Federal High Court, judge Omotosho described Mr Fubara’s actions—including withholding legislative funds and demolishing part of the Assembly complex—as an “affront to the separation of powers.”
He ordered the immediate reinstatement of the Clerk and Deputy Clerk and directed the governor to release all withheld legislative funds.
The judge also barred the National Assembly from intervening in Rivers State’s legislative affairs or acting on any request from Mr Fubara regarding the state’s Assembly.
Additionally, he instructed the Inspector General of Police to deploy officers to secure the Assembly complex and ensure legislative proceedings continued without interference.
