Fubara Bows Out at Supreme Court…Withdraws Suit Against 27 Pro-Wike Rivers Lawmakers
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Amaewhule, Fubara
By Reporter
The Supreme Court today, February 10, 2025, dismissed a 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 Apex Court, in a ruling delivered by Musa Muhammad, struck out the case after Governor Fubara’s legal team, led by Yusuf Ali, a Senior Advocate of Nigeria (SAN), withdrew the appeal.
Fubara, in his notice of withdrawal, informed the court 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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The Supreme Court subsequently struck out the suit and awarded N4 million in costs against the embattled Fubara, to be paid to the House of Assembly and Mr Amaewhule.
Today’s judgement has finally considered the lingering cisis that have trailed the defection of the 27 lawmakers from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
With the court verdict, the lawmakers are now empowered to fully assume their roles in the River State Assembly, a lawyer to the legislators, Ken Njemanze, SAN told journalists after the ruling.
The latest event, has thrown open fresh legal challenges surrounding the an earlier 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.
In a swift reaction, the former governor of the oil rich state, and now the Federal Capital Territory Minister, Mr. Nyesom Wike, concluded that, his successor has admitted illegality by withdrawing appeal on 2024 Rivers budget.
Wike accused Governor Sim Fubara of admitting to illegality.
Fubara had submitted the 2024 budget to the Edison Ehie-led House of Assembly in December 2023, following the fight between the Wike the godfather and his godson, Fubara.
On October 10, 2024, the Appeal Court in Abuja upheld the Federal High Court’s January 22, 2024, judgment that nullified the passage of the Rivers State 2024 budget.
The controversy surrounding the budget began when lawmakers loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, led by Martins Amaewhule, dragged the Rivers State government to court for submitting the budget to the Ehie-led House.
Wike’s statement by his media aide, Lere Olayinka, via his social media post, read, “Governor Fubara of Rivers State has withdrawn his appeal No. SC/CV/1071/2024 against the Appeal Court judgment declaring the 2024 Budget of the State illegal and ordering him to present the budget to the House of Assembly led by Rt. Hon. Martins Amaewhule.
“The Appeal Court had upheld the judgment of Justice J. K. Omotosho in Suit No: FHC/ABJ/1613/2023, wherein the court ruled that Governor Fubara should re-present the 2024 budget to the House of Assembly led by Rt. Hon. Martins Amaewhule.
“By this withdrawal, Gov. Fubara has accepted the lower and appellate court judgments, declaring the presentation of the Rivers State budget to three members of the State House of Assembly as illegal.”
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