By Hassanat Adebowale
The Supreme Court has dismissed the suit filed by Rivers State Governor Siminalayi Fubara, which sought to remove 27 members of the State House of Assembly over their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). The judgment was delivered by Justice Uwani Aba-Aji after Fubara, through his lead counsel, Yusuf Ali, SAN, dramatically withdrew the appeal.
Fubara informed the five panel of justices led by Justice Uwani Abba-Aji that events had overtaken his suit and that the lawmakers were now regarded as friends. The request for withdrawal was not opposed by the Rivers State House of Assembly and its Speaker, Martin Amaewhule, represented by Chief Wole Olanipekun, SAN. Olanipekun, however, demanded an outright dismissal of the suit on the grounds that parties had filed and exchanged their brief of arguments, thereby joining issues.
The court agreed with Olanipekun and dismissed the case, awarding two million naira each against Fubara to be paid to the House of Assembly and Amaewhule.
Following the dismissal, Ken Njemanze, SAN, told newsmen that the 27 lawmakers could now fully take over the House of Assembly. Njemanze added that all steps taken by Fubara in their absence, including the presentation of the 2024 and 2025 budgets to only four lawmakers, had become null and void.
Previously, the Court of Appeal had dismissed Fubara’s appeal on the same matter on October 10, 2024. Additionally, the Federal High Court in Abuja, presided over by Justice James Omotosho, nullified the passage of Rivers State’s N800 billion 2024 budget by the four lawmakers, led by Hon. Ehie Edison, calling it an aberration and illegality. The court had ordered Fubara to re-present the budget to the Martins Amaewhule-led Assembly.
The suit was initially filed by 27 pro-Wike Assembly members loyal to former governor and current Federal Capital Territory (FCT) Minister, Nyesom Wike. Listed as defendants were the National Assembly, the Senate, the House of Representatives, and the Clerk to the National Assembly, among others.
Justice Omotosho had issued an interim order restraining Fubara and his agents from obstructing the pro-Wike legislators from performing their duties. He also restrained the governor from removing or redeploying the Clerk of the Assembly and withholding funds meant for the Assembly.
The judge ruled that the four lawmakers’ passage of the budget while the 30 November 2023 order was in effect was null and void. He criticized Governor Fubara for acting like a tyrant by demolishing part of the Assembly complex and withholding funds for legislative activities. The judge ordered the immediate resumption of the Clerk and Deputy Clerk and instructed the governor to release all funds owed to the Assembly.
Under Section 109(1)(g) of the 1999 Constitution, a lawmaker is expected to vacate their seat if they defect from the political party that sponsored their election unless the defection results from a division within the party or a merger with another party. However, in practice, Nigerian courts have often ruled in favor of defecting lawmakers when they can demonstrate internal party crises. In this case, the courts appear to have found no constitutional breach in the lawmakers’ defection to the APC, emphasizing the judiciary’s role in balancing political power struggles and enforcing constitutional provisions.
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