An appeal filed by Rivers State Governor, Siminalayi Fubara, challenging the leadership of the Rivers State House of Assembly has been dismissed by the Supreme Court in Abuja.
Fubara was also ordered to pay N2m to the Assembly and the Speaker of the Rivers State House of Assembly, Martin Amaewhule, by a five-member panel led by Justice Uwani Abba-Aji on Monday.
The case was dismissed after Fubara’s lawyer, Yusuf Ali, withdrew the suit.
Recall that on October 10, 2024, the Court of Appeal, Abuja Division, admonished Fubara for failing to follow the rule of law in his actions.
The court ruled that his decision to present the 2024 Rivers State Appropriation Bill to only four out of 31 members of the Assembly was a gross violation of the 1999 Constitution, as amended.
The court stated that presenting the budget to just four members contradicted the Nigerian Constitution.
It added, “The appellant hurriedly submitted the Rivers State Appropriation Bill to four members, who then considered, deliberated on, and passed it into law within a few hours.”
he court further held that Fubara’s actions violated Section 96 of the 1999 Constitution, which requires at least one-third of the Assembly members to form a quorum.
The court noted that “four out of 31 members cannot, by any stretch of the imagination, constitute the required quorum for legislative business.”
Meanwhile, Justice James Omotosho of the Federal High Court also ruled against Fubara’s presentation of the 2024 budget before the four-member Assembly led by Edison Ehie.
The budget presentation was a result of the leadership crisis within the Rivers State House of Assembly. Fubara had argued that the Amaewhule-led faction lost its legitimacy after defecting from the People’s Democratic Party to the All Progressives Congress.
However, the lower courts ruled that he failed to provide evidence of their defection and, therefore, could not legally present the budget to a four-member House.
Following the Court of Appeal judgment, Fubara approached the Supreme Court to set aside the lower court’s ruling and allow him to present the budget to the Ehie-led faction.
However, when the case was called on Monday, Fubara’s counsel, Yusuf Ali, informed the Supreme Court that the governor had decided to withdraw the appeal.
Ali stated that a notice dated February 6 had already been filed, explaining that the appeal had been overtaken by events.
All 17 respondents in the case, represented by various lawyers, did not oppose the withdrawal. However, J.B. Daudu (SAN), representing the 3rd to 12th respondents (National Assembly and its leadership), and Wole Olanipekun (SAN), representing the 1st and 2nd respondents (Rivers State House of Assembly and Amaewhule), requested a cost of N2 million.
Daudu further urged the court to dismiss the appeal rather than strike it out, as issues had already been joined.
The five-member Supreme Court panel dismissed the appeal after confirming that the withdrawal was not opposed.
In a brief ruling, Justice Abba-Aji declared the appeal dismissed and awarded a cost of N2 million in favour of the 1st to 12th respondents.
