According to a report on Monday, February 10, In a significant legal setback for Rivers State Governor Siminalayi Fubara, the Supreme Court has dismissed his suit challenging the continued membership of 27 state legislators who defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
At Monday’s proceedings, Governor Fubara’s lead counsel, Yusuf Ali SAN, withdrew the case before a three-member panel led by Justice Musa Uwani-Aba-Aji. “Recent events have overtaken the substance of this suit,” Ali stated during the withdrawal.
Chief Wole Olanipekun SAN, representing the Rivers State House of Assembly and Speaker Martin Amaewhule, endorsed the withdrawal. The Supreme Court subsequently imposed a N4 million cost against the governor, payable to the House of Assembly and Speaker Amaewhule.
“This ruling definitively establishes the legitimate status of the 27 lawmakers in the House of Assembly,” stated Ken Njemanze SAN, legal representative for the legislators. “All executive actions taken without these lawmakers’ participation, including the presentation of the 2024 and 2025 budgets to just three assembly members, are now legally void.”
The Supreme Court’s decision aligns with the Court of Appeal’s earlier ruling on October 10, 2024, which had similarly rejected Fubara’s challenge to the lawmakers’ defection. “The constitutional provisions are clear regarding legislative members’ rights and the conditions for seat forfeiture,” Njemanze added.
The ruling effectively concludes the protracted legal battle over the assembly members’ political allegiance, affirming their positions despite their party switch. The verdict maintains the legislative configuration in Rivers State while imposing financial penalties on the failed challenge.
