The Supreme Court has dismissed an appeal by Governor Siminalayi Fubara of Rivers State seeking to remove the 27 members of the State House of Assembly, loyal to the Minister of Federal Capital Territory (FCT), Nyesom Wike, for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The apex court on Monday dismissed the appeal after Governor Fubara applied to withdraw the appeal on the grounds that the issues that led to the appeal have been overtaken by events.
A five-member panel presided by Justice Uwani Abba-Aji held that issues have been joined in the matter thus awarded the sum of N2 million in costs against the governor.
The governor’s counsel, Yusuf Ali (SAN), had earlier applied to withdraw the matter citing it being overtaken by events.
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However, lawyers to the Martin Amaewhule-led faction of the Rivers State House of Assembly, Wole Olanipekun (SAN), Joseph Daudu (SAN), who did not oppose the application, however requested that the matter dismissed and not just struck out and the award of N2m cost.
The Court of Appeal in Abuja had on October 10, 2024, dismissed Governor Fubara’s appeal against the 27 lawmakers on the grounds that the governor has no basis to bring the appeal having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court in Abuja.
In a majority judgement, Justice Joseph Oyewole held that the governor, having voluntarily withdrawn from the case, cannot claim to be aggrieved with the judgment of the Federal High Court.
Consequently, the appellate court barred Fubara from intervening with the affairs of the House of Assembly under.
The appellate court also barred Fubara from withholding the House of Assembly fund and removing the Clerk and Deputy Clerk from the assembly.
Similarly, the Court of Appeal ordered him to re-present the budget of the state to the assembly under the recognized speaker as contained in the judgment of Justice James Omotosho of the Federal High Court.
Justice Oyewole said the governor’s blunder in withdrawing from the suit at the Federal High Court cannot be remedied by any known advocacy.
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