The Supreme Court has dismissed a suit filed by Rivers State Governor, Siminalayi Fubara, seeking to remove 27 members of the State House of Assembly over their alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Delivering the ruling on Monday, Justice Musa Dattijo Muhammad-led panel struck out the case following Fubara’s decision to withdraw the appeal. The governor’s lead counsel, Yusuf Ali (SAN), informed the three-member panel that “events have overtaken the suit” and that the lawmakers are now considered “friends.”
The withdrawal was unopposed by the Rivers State House of Assembly and its Speaker, Martin Amaewhule, who were represented by Chief Wole Olanipekun (SAN). However, Olanipekun urged the court to dismiss the suit outright, arguing that since both parties had already exchanged legal briefs, the appropriate ruling was dismissal rather than a mere striking out of the case.
Agreeing with Olanipekun’s argument, the Supreme Court dismissed the suit and awarded N4 million in costs against Fubara, to be paid to the House of Assembly and Amaewhule.
Legal Fallout
Following the ruling, Senior Advocate of Nigeria Ken Njemanze stated that the judgment has effectively cleared the way for the 27 lawmakers to fully resume their legislative duties. He noted that all actions taken by Governor Fubara in their absence—including the presentation of the 2024 and 2025 budgets to just three lawmakers—are now null and void.
The Supreme Court’s decision follows a pattern of legal setbacks for Fubara. On October 10, 2024, the Court of Appeal dismissed a similar appeal by the governor. Likewise, on January 22, 2024, the Federal High Court in Abuja, presided over by Justice James Omotosho, nullified the passage of Rivers State’s N800 billion 2024 budget by just four lawmakers loyal to Fubara. The judge ruled that the budget’s passage was an “aberration and illegality” and directed the governor to re-present it before the Amaewhule-led Assembly.
Background of the Crisis
The legal battle stems from a suit filed by the 27 lawmakers aligned with former Rivers State Governor and current FCT Minister, Nyesom Wike. The case, marked FHC/ABJ/CS/1613/2023, listed multiple defendants, including:
The National Assembly
The Senate
The House of Representatives
The Clerk of the National Assembly
Governor Fubara
Hon. Ehie Edison
The Rivers State Civil Service Commission
The Inspector-General of Police (IGP)
Justice Omotosho had earlier issued an interim order restraining Fubara from interfering with the pro-Wike lawmakers’ constitutional duties. However, while this order was in effect, Fubara went ahead to present the budget, which was passed by just four lawmakers.
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Additionally, the governor was accused of preventing the 27 lawmakers from convening by partially demolishing the Assembly complex and withholding legislative funds.
Court Rulings Against Fubara
In his final ruling, Justice Omotosho held that the four lawmakers’ passage of the budget was a “nullity.” He criticized the governor for acting “like a tyrant” in the way he demolished part of the Assembly complex and withheld legislative funds. The judge also ruled that:
Governor Fubara’s redeployment of the Clerk and Deputy Clerk was illegal and violated the principle of separation of powers.
The Clerk and Deputy Clerk must be reinstated immediately.
Fubara must release all funds due to the Assembly without delay.
The Inspector-General of Police must deploy officers to secure the Assembly complex.
The National Assembly is barred from taking over the Rivers State House of Assembly or entertaining any related requests from Fubara.
With the Supreme Court’s latest ruling, the political crisis in Rivers State may take a new turn as the 27 pro-Wike lawmakers regain full control of the House.
