Politics
Supreme Court dismisses Gov Fubara’s suit seeking to remove 27 pro-Wike lawmakers in Rivers
The Supreme Court has dismissed the suit filed by Rivers State Governor, Siminalayi Fubara over the re-presentation of the 2024 budget before the 27 members of the State House of Assembly loyal to Nyesom Wike.
The Apex Court on Monday dismissed the suit in a ruling delivered by Justice Musa Uwani-Aba-Aji following the dramatic withdrawal of the appeal by Fubara through his lead counsel, Yusuf Ali SAN.
Governor Fubara, in the notice for withdrawal of the case, simply informed a 3-man panel of Justices of the Court that events had overtaken his suit.
The request for the withdrawal of the contentious suit was not opposed by the Rivers State House of Assembly and its Speaker, Martin Amaewhule, who were represented by Chief Wole Olanipekun SAN.
Following no objections from the parties, the Apex Court dismissed the case and awarded N4M against Fubara to be paid to the House of Assembly and Amaewhule.
Addressing newsmen shortly after the dismissal of the suit, Senior Advocate of Nigeria Ken Njemanze said that the coast had been finally cleared for the 27 lawmakers to take over the House of Assembly fully.
The senior advocate explained that all steps taken by Fubara in the absence of the 27 lawmakers, including the presentation of the 2024 and 2025 budgets to only three lawmakers, among others, have become a nullity.
The Court of Appeal had, on Thursday, October 10, 2024, dismissed Fubara’s appeal on the same matter.
Similarly, the Federal High Court in Abuja, presided over by Justice James Omotosho on January 22, 2024, nullified the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly.
The court had described the bill’s passage by the four lawmakers, led by Hon. Ehie Edison, as an aberration and illegality.
It consequently ordered Governor Fubara to re-present the budget to the Hon. Martins Amaewhule-led Assembly.
The suit filed by the 27 members of the Assembly loyal to the former governor of the state and Federal Capital Territory (FCT) Minister, Nyesom Wike, received the blessings of the lower court.
Listed as defendants in the suit marked FHC/ABJ/CS/1613/2023 are the National Assembly, the Senate, the House of Representatives, and the Clerk to the National Assembly.
Others include Governor Fubara, Hon. Edison, the Rivers State Civil Service Commission, and the Inspector-General of Police (IGP).
Justice Omotosho, while ruling on an ex-parte motion by the 27 legislators, issued an interim order restraining Fubara and his agents from obstructing the pro-Wike legislators from carrying out their constitutional duties.
He also restrained the governor from removing/redeploying the Clerk of the Assembly and withholding funds meant for the Assembly, pending the determination of the substantive suit.
But, while the order subsisted, Governor Fubara presented the budget passed by the four lawmakers loyal to him. The governor also prevented the pro-Wike legislators from sitting by demolishing part of the Assembly complex and withholding funds for legislative functions.
Delivering judgment, Justice Omotosho held that the four lawmakers’ passage of the budget and other actions taken while the November 30, 2023 order subsisted amounted to a nullity.
He said the governor acted like a tyrant in the manner in which the Assembly complex was partially demolished and funds for legislative activities were withheld.
The judge issued an order restraining Fubara from frustrating the Assembly, led by Hon. Amaewhule, from sitting or interfering in its activities.
He also described as unlawful Governor Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly, stating that the action amounted to an affront on the separation of powers.
The judge ordered the Clerk and the Deputy Clerk to resume office immediately and unhindered.
Apart from asking Fubara to promptly release all monies standing to the credit of the Assembly, he also ordered the Inspector-General of Police (IGP) to immediately deploy his operatives to the Assembly complex.
The judge had also barred the National Assembly from taking over the Assembly or accepting or treating any request by Governor Fubara on any matter affecting the legislature.
Chairman, Policy Manifesto Committee of the African Democratic Congress, ADC, John Odigie-Oyegun, says former president Muhammadu Buhari gave him the shock of his life, six months into his administration as Nigeria’s leader.
Oyegun made this disclosure on Friday when he featured in an interview on Arise Television’s ‘Prime Time’.
He revealed that as National Chairman of the All Progressives Congress, APC, he went to tell Buhari that he was not delivering his election promises to Nigerians but that the late president told him he would not rule with strictness, but rather wanted to show Nigerians that he is a true civilian president.
The former APC National Chairman lamented that it became business as usual, from there.
“I was national chairman of the APC. Six months or less into our assuming office, fairly alarmed, I went to the late President Buhari for a one-on-one talk. I said Mr President, this is not what the people were expecting. They wanted a bit of the old president Buhari.
“And he explained to me, Mr Chairman, I have learned my lesson. I was shocked. And don’t forget at that time, a lot of prominent Nigerians took their holidays abroad, just to be sure and see what this new sheriff in town will be.
“Buhari told me he wants to now show the people that he’s a true civilian president in Agbada. And by the time we finished the conversation, I said Oh God, we are finished. Because, if he’s not ready to be strict, what’s the point?
“Weeks later, months later, years later, I was proven correct. And of course, it became business as usual, only that they are a new set of tenants in Aso Rock. That was a shocker,” he said.
Former lawmaker, Dino Melaye Esq, has raised concerns over the Senate’s reported rejection of the electronic transmission of election results.
The move, according to Melaye, is a clear endorsement of election rigging and an indication of a sinister plan to rig the 2027 elections.
In a statement on Friday, the former lawmaker criticized the Senate’s decision, stating that it undermines the credibility of the electoral process.
The African Democratic Congress, ADC chieftain, also stated that the move opens the door for electoral manipulation and fraud.
He further warned that the rejection of electronic transmission of results is a step backwards for democracy in Nigeria.
Melaye called on lawmakers and citizens to stand up against “this blatant attempt to undermine the will of the people and ensure that future elections are free, fair, and transparent”.
Former Minister of Education, Oby Ezekwesili, has said Nigerians have every reason to be mad at the Senate over the ongoing debate on e-transmission of election results.
Ezekwesili made this known on Friday when she featured in an interview on Arise Television’s ‘Morning Show’ monitored by DAILY POST.
DAILY POST reports that the Senate on Wednesday turned down a proposed change to Clause 60, Subsection 3, of the Electoral Amendment Bill that aimed to compel the electronic transmission of election results.
Reacting to the matter, Ezekwesili said, “The fundamental issue with the review of the Electoral Act is that the Senate retained the INEC 2022 Act, Section 60 Sub 5.
“This section became infamous for the loophole it provided INEC, causing Nigerians to lose trust. Since the law established that it wasn’t mandatory for INEC to transmit electoral results in real-time, there wasn’t much anyone could say.
“Citizens embraced the opportunity to reform the INEC Act, aiming to address ambiguity and discretionary opportunities for INEC. Yet, the Senate handled it with a “let sleeping dogs lie” approach. The citizens have every reason to be as outraged as they currently are.”
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