February 10, 2025 – The Supreme Court of Nigeria has dismissed an appeal filed by Governor Siminalayi Fubara of Rivers State, seeking to remove 27 members of the State House of Assembly who are aligned with the Minister of Federal Capital Territory, Nyesom Wike. These lawmakers had recently defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

On Monday, the apex court ruled after Fubara’s legal representatives requested to withdraw the appeal, citing that the circumstances surrounding the case had changed significantly. A five-member panel, led by Justice Uwani Abba-Aji, recognized that the issues at hand had been adequately addressed and subsequently ordered that Fubara pay N2 million in costs.

Fubara’s counsel, Yusuf Ali (SAN), emphasized that the withdrawal was warranted due to evolving circumstances. Meanwhile, the legal team representing the faction of the Rivers State House of Assembly led by Martin Amaewhule—comprising Wole Olanipekun (SAN) and Joseph Daudu (SAN)—did not oppose the withdrawal. However, they urged the court to dismiss the matter outright instead of merely striking it out, along with the cost award.

This case follows a previous ruling on October 10, 2024, when the Court of Appeal in Abuja dismissed Fubara’s earlier appeal concerning the 27 lawmakers. The appellate court asserted that the governor had no standing to pursue the appeal after he had withdrawn his opposition in a related case at the Federal High Court.

In the majority judgment, Justice Joseph Oyewole indicated that Fubara’s voluntary withdrawal from the case meant he could not rightfully claim to be aggrieved by the Federal High Court’s decision. The appellate court also prohibited Fubara from interfering in the legislative affairs of the House of Assembly, including withholding funds or removing the Clerk and Deputy Clerk.

Moreover, the Court of Appeal ordered that Fubara must re-present the state budget to the assembly under the recognized speaker, as previously directed by Justice James Omotosho of the Federal High Court. Justice Oyewole commented that Fubara’s mistake in withdrawing from the suit could not be rectified by any legal advocacy.

This ruling adds a significant chapter to the ongoing political dynamics in Rivers State, underscoring the tensions within the state’s governance and the influence of party affiliations on legislative operations. The outcome not only reflects the complexities of political maneuvering in the region but also sets a precedent regarding the legal ramifications of party defections and the authority of state governors.