The Supreme Court on Monday dismissed Rivers State Governor Siminalayi Fubara’s appeal against the judgment of the Court of Appeal affirming Martin Amaewhule as the Speaker of the House of Assembly.
A five-member panel of the apex court dismissed the appeal marked SC/CV/1171/2024 after Fubara’s lawyer, Yusuf Ali (SAN), sought to withdraw it, claiming that it had been overtaken by events.
Counsel to the respondents – Chief Wole Olanipekun (SAN), Joseph Daudu (SAN), Tuduru Edeh (SAN) and Mini Ayua – did not oppose the withdrawal.
Olanipekun and Daudu, however, asked for N2 million cost each and prayed that the case be dismissed because issues had been joined.
Justice Uwani Abba-Aji, who headed the panel, dismissed the appeal and awarded the cost requested by Olanipekun and Daudu.
There were conflicting interpretations of the judgment by the camp of Fubara and the 27 pro-Nyesom Wike lawmakers.
The Rivers State Government claimed that the judgment was not against the governor, adding that the appeal was withdrawn because its subject matter, the 2024 Budget, ended on December 31, last year.
But, Amaewhule, who welcomed the judgment, said it marked the end of the governor’s alleged rascality.
On October 10, last year, a three-member panel of the Court of Appeal in Abuja affirmed the January 22, 2024 decision by Justice James Omotosho of the Federal High Court in Abuja nullifying the passage of Rivers’ N800 billion budget by four members of the House of Assembly head by Victor Oko-Jumbo.
The court also faulted Fubara’s failure to recognise Amaewhule as Speaker.
Also, the three-member panel of the appellate court, led by Justice Joseph Oyewole, dismissed the appeal filed by Fubara against the January 22 judgment.
In the lead judgment, Justice Oyewole, among others, faulted the decision by Fubara to deal with only four members of the Assembly, noting that the legislature forms the fulcrum of any democracy, which must be protected and guarded.
He said: “By encouraging four members of the Rivers State House of Assembly out of 32 to constitute the basis for legislative activities, the appellant (Fubara), as Governor of Rivers State, was operating with 12.5 per cent of the entity constituting Rivers State.
“In a constitutional democracy, the foundation of every act must be located in the Constitution as the grundnorm.
The judge, earlier on November 30, 2023, gave an ex-parte ruling restraining Fubara and his agents from obstructing the 27 lawmakers from carrying out their constitutional duties.
He also restrained the governor from removing or redeploying the Clerk of the Assembly and withholding funds meant for the Assembly, pending the determination of the substantive suit.
The judge extended the order on December 7, 2023, when the parties returned to court.
But, while the order subsisted, Fubara presented the budget to the four lawmakers loyal to him, which they passed.
The governor also prevented the pro-Wike lawmakers from sitting after the demolishing of a part of the Assembly building and withheld funding for the legislature.
On January 22, 2024, Justice Omotosho held that the passage of the budget and other actions taken by the four lawmakers while the November 30 order subsisted amounted to a nullity.
He said Fubara acted like a tyrant in the manner the Assembly complex was partially demolished and funds for legislative activities withheld.
The judge issued an order restraining the governor from frustrating the Assembly-led by Amaewhule from sitting or interfering in its activities.
He also described as unlawful Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly, stating that the action amounted to an affront to the doctrine of separation of power.