Supreme Court dismisses Gov Fubara’s case against 27 pro-Wike lawmakers

The Supreme Court has dismissed the case filed by Rivers State Governor, Siminalayi Fubara, 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).

On Monday, Justice Musa Uwani-Aba-Aji ruled that Fubara’s appeal should be thrown out after his lawyer, Yusuf Ali SAN, withdrew it. The governor stated that events had overtaken the case and that the lawmakers were his friends.

The Rivers State House of Assembly and its Speaker, Martin Amaewhule, did not oppose the withdrawal, but their lawyer, Chief Wole Olanipekun SAN, asked for the case to be dismissed entirely since both sides had already filed their arguments. The court agreed and dismissed the case, ordering Governor Fubara to pay N4 million to the House of Assembly and Amaewhule.

Following the court’s decision, Senior Advocate of Nigeria, Ken Njemanze, told the press that the path is now clear for the 27 lawmakers to take their full seats in the Assembly. He also pointed out that any actions taken by Governor Fubara in their absence, such as presenting the 2024 and 2025 budgets to only three lawmakers, are now invalid.

Previously, on October 10, 2024, the Court of Appeal had also rejected Fubara’s appeal on the same issue, and earlier in January 2024, the Federal High Court in Abuja ruled that the N800 billion budget passed by only four lawmakers was illegal. The court had ordered the governor to present the budget to the full Assembly led by Speaker Amaewhule.

The 27 lawmakers, loyal to former governor Nyesom Wike, had filed the case, which was supported by lower courts. The suit named several parties, including the National Assembly, Governor Fubara, and others, as defendants.

Justice Omotosho, in a previous ruling, had granted an interim order that prevented Fubara from blocking the pro-Wike lawmakers from carrying out their duties. The judge also called Fubara’s actions, such as demolishing part of the Assembly complex and withholding funds, unlawful.