Supreme Court Dismisses Fubara’s Suit Against 27 Rivers Assembly Members

The Supreme Court has dismissed the suit filed by Rivers State Governor, Siminalayi Fubara, challenging the membership of 27 lawmakers in the State House of Assembly after their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

In a ruling delivered on Monday by Justice Musa Uwani-Aba-Aji, the Apex Court dismissed the case after Fubara’s legal counsel, Yusuf Ali SAN, requested the withdrawal of the appeal. Fubara informed the three-man panel of justices that events had overtaken the case, and the request for withdrawal was not opposed by the Rivers State House of Assembly or its Speaker, Martin Amaewhule. Both parties were represented by Chief Wole Olanipekun SAN.

Following the withdrawal and the absence of opposition, the Supreme Court dismissed the suit and ordered Governor Fubara to pay N4 million in costs to the House of Assembly and Speaker Amaewhule.

Speaking to the media after the ruling, Senior Advocate of Nigeria, Ken Njemanze, confirmed that the 27 lawmakers now have full authority to operate in the House of Assembly. Njemanze further stated that any actions taken by Governor Fubara in the absence of the lawmakers, including the presentation of the 2024 and 2025 budgets to only three lawmakers, have been rendered null and void.

The Court of Appeal had earlier dismissed Fubara’s appeal on October 10, 2024. Furthermore, the Federal High Court in Abuja had ruled on January 22, 2024, that the passage of the Rivers State N800 billion 2024 budget by four lawmakers loyal to Fubara was illegal. The court directed the Governor to re-present the budget to the full Assembly under Speaker Amaewhule’s leadership.

Justice James Omotosho, who presided over the matter at the Federal High Court, also described the actions of the four lawmakers as an “aberration” and ordered the immediate return of the Assembly Clerk and Deputy Clerk to their posts. Additionally, Fubara was instructed to release all funds due to the Assembly and to cease obstructing the legislative body’s activities. The judge also directed the Inspector-General of Police to ensure the security and functioning of the Assembly complex.

The Supreme Court’s decision clears the way for the full and rightful operation of the Rivers State House of Assembly, restoring the authority of the 27 lawmakers who are aligned with the former governor, Nyesom Wike.