The Supreme Court, on Monday, dismissed an appeal filed by Governor Siminalayi Fubara challenging the Court of Appeal’s judgement that upheld Hon. Martin Amaewhule as the legitimate Speaker of the Rivers State House of Assembly.
A five-member panel of the apex court, led by Justice Uwani Abba-Aji, dismissed the appeal, marked SC/CV/1071/2024, after it was withdrawn.
Although the case was originally scheduled for hearing, Governor Fubara’s lead counsel, Yusuf Ali, SAN, informed the court that his client had decided to withdraw the appeal, citing changed circumstances.
Ali, SAN, stated that “the matter had been overtaken by events.”
While Chief Wole Olanipekun, SAN, representing the Amaewhule-led lawmakers, did not oppose the withdrawal, he requested the court to award costs. Similarly, J.B. Daudu, SAN, representing the 3rd to 12th respondents, also sought costs but did not object to the appeal’s withdrawal.
Given that both parties had already exchanged legal documents, the respondents urged the Supreme Court to dismiss the case rather than strike it out. Consequently, the panel ruled in their favour and dismissed the appeal, awarding N4 million in costs against Governor Fubara.
The legal dispute stemmed from a judgement by the Court of Appeal in Abuja, which, on October 10, 2024, validated the Amaewhule-led lawmakers as the rightful members of the Rivers State House of Assembly.
A three-member appellate panel, led by Justice Joseph Oyewole, had upheld an earlier Federal High Court ruling delivered on January 22, 2024. The lower court had nullified the Rivers State 2024 budget, ruling that it was not lawfully presented before a legally recognised Assembly.
The appellate court criticised Governor Fubara for bypassing the 26 pro-Wike lawmakers and presenting the N800 billion budget before only four members led by Hon. Edison Ehie, a factional Speaker. It ruled that this action violated Section 91 of the 1999 Constitution (as amended) and constituted “executive recklessness.”
The Appeal Court noted that Fubara had initially filed a counter-affidavit opposing the Amaewhule-led lawmakers’ case but later withdrew it. The court ruled that this withdrawal amounted to an admission of all claims made by the pro-Wike legislators.
“The appellant is deemed to have admitted the rather weighty facts that were presented by the respondents,” the appellate court stated. It further described Fubara’s attempt to challenge the trial court’s decision as an “academic exercise.”
The court also criticised Fubara for demolishing the Rivers State House of Assembly complex, withholding legislative funds, and reassigning the Assembly’s Clerk and Deputy Clerk, declaring these actions unconstitutional.
Justice James Omotosho of the Federal High Court ruled that “Governor Fubara acted like a tyrant” by interfering with the Assembly’s operations. He also held that the National Assembly could not assume control of the Rivers Assembly’s functions since the constitutional conditions for such a takeover had not been met.
The Rivers State Assembly crisis was triggered by the fallout between Governor Fubara and his predecessor, now FCT Minister, Nyesom Wike. The governor aligned with a faction led by Ehie, which declared the seats of 26 Amaewhule-led lawmakers vacant after they defected from the Peoples Democratic Party to the All Progressives Congress.
Amid the political turmoil, President Bola Tinubu brokered a peace deal that reinstated Amaewhule as Speaker. Ehie subsequently withdrew from the legal case and resigned from the Assembly, while Fubara also dropped his appeals in compliance with the agreement.
Despite this, the pro-Wike lawmakers only withdrew their impeachment notice against Fubara but continued their legal battle.
In its ruling, the Federal High Court nullified all legislative actions taken without the participation of Amaewhule-led lawmakers, including the passage of the 2024 budget. It also issued an injunction restraining Governor Fubara from interfering with the Assembly’s operations and directed him to release all withheld legislative funds.
The appellate court upheld this decision, stating that Fubara’s withdrawal of his legal challenge effectively conceded legitimacy to the Amaewhule-led lawmakers. The court ordered the governor to pay N500,000 in costs to each respondent in the appeal, CA/ABJ/CV/133/2024.
With the Supreme Court’s dismissal of Fubara’s final appeal, the legal battle has officially ended, cementing Amaewhule’s position as the legitimate Speaker of the Rivers State House of Assembly.
