The Supreme Court, on Monday, dismissed an appeal filed by Rivers State Governor, Sir Siminalayi Fubara, challenging the leadership of the Rivers State House of Assembly.
The decision by the apex court was sequel to the withdrawal of the suit by the governor’s lawyer, Mallam Yusuf Ali, a Senior Advocate of Nigeria, SAN.
In addition to the dismissal, the five-member panel of the Supreme Court, led by Justice Uwani Abba-Aji, also ordered Governor Fubara to pay N2m to the Assembly and the Speaker of the Rivers State House of Assembly, Martin Amaewhule.
The Court of Appeal, Abuja Division, had, on October 10, 2024, upbraided Governor Fubara for refusing to follow the rule of law in his actions as the state’s Chief Executive Officer.
Pointedly, the Appeal Court ruled that the governor’s 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 added that, “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.”
The 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 also noted that “four out of 31 members cannot, by any stretch of the imagination, constitute the required quorum for legislative business.”
Prior to the ruling by the appellate court, a Federal High Court presided by Justice James Omotosho, had also ruled against Fubara’s presentation of the 2024 budget to the four-member Assembly led by Hon. Edison Ehie.
Recall that the budget presentation debacle was precipitated by the leadership crisis that has been the Rivers State House of Assembly for some time.
In the heat of the crisis, Governor Fubara had refused to deal with the Amaewhule-led faction arguing that it had lost legitimacy after its members defecting to the All Progressives Congress from the People’s Democratic Party.
But the Governor could not sustain that line of argument before the lower courts which 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 raced to the Supreme Court seeking to set aside the lower court’s ruling, permitting him to present the budget to the Ehie-led faction.
But when the case came up at the Supreme Court on Monday, Fubara’s lawyer, Mallam Yusuf Ali, told the apex court that the governor had decided to withdraw the appeal.
Ali further disclosed that a notice dated February 6, 2025, 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.
After confirming that the withdrawal was not opposed, the five-member panel of the Supreme Court dismissed the appeal.
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.
