The Supreme Court has dismissed Rivers State Governor Siminalayi Fubara’s appeal against the judgment of the Court of Appeal affirming Martin Amaewhule as the Speaker of the House of Assembly.
A five-member panel of the apex court dismissed the appeal marked SC/CV/1171/2024 after Fubara’s lawyer, Yusuf Ali (SAN), sought to withdraw it, claiming that it had been overtaken by events.
Counsel to the respondents – Chief Wole Olanipekun (SAN), Joseph Daudu (SAN), Tuduru Edeh (SAN) and Mini Ayua – did not oppose the withdrawal.
Olanipekun and Daudu, however, asked for N2 million cost each and prayed that the case be dismissed because issues had been joined.
Justice Uwani Abba-Aji, who headed the panel, dismissed the appeal and awarded the cost requested by Olanipekun and Daudu.
There were conflicting interpretations of the judgment by the camp of Fubara and the 27 pro-Nyesom Wike lawmakers.
The Rivers State Government claimed that the judgment was not against the governor, adding that the appeal was withdrawn because its subject matter, the 2024 Budget, ended on December 31, last year.
But, Amaewhule, who welcomed the judgment, said it marked the end of the governor’s alleged rascality.
On October 10, last year, a three-member panel of the Court of Appeal in Abuja affirmed the January 22, 2024 decision by Justice James Omotosho of the Federal High Court in Abuja nullifying the passage of Rivers’ N800 billion budget by four members of the House of Assembly head by Victor Oko-Jumbo.
The court also faulted Fubara’s failure to recognise Amaewhule as Speaker.
Also, the three-member panel of the appellate court, led by Justice Joseph Oyewole, dismissed the appeal filed by Fubara against the January 22 judgment.
In the lead judgment, Justice Oyewole, among others, faulted the decision by Fubara to deal with only four members of the Assembly, noting that the legislature forms the fulcrum of any democracy, which must be protected and guarded.
He said: “By encouraging four members of the Rivers State House of Assembly out of 32 to constitute the basis for legislative activities, the appellant (Fubara), as Governor of Rivers State, was operating with 12.5 per cent of the entity constituting Rivers State.
“In a constitutional democracy, the foundation of every act must be located in the Constitution as the grundnorm.
“Autocracy is out of place in constitutional democracy.”
