Contrary to certain narratives, the Supreme Court’s ruling on Rivers State Governor Siminalayi Fubara’s appeal against the Martin Amaewhule-led House of Assembly did not determine the legitimate Speaker of the House, says senior lawyer Femi Falana, SAN.
Speaking on Channels Televisions Politics Today on Monday, Falana clarified that the Supreme Court’s dismissal of the governor’s appeal was due to its withdrawal and not on its merits.
“When an appeal is dismissed not on merit but because the appellant withdraws it, there’s no reason for celebration,” he said. “In this case the Rivers State Governor instructed his lawyers to withdraw the appeal, stating that it had become an academic exercise. The issues were no longer relevant, so why waste the court’s time? Contrary to what some claim, the court did not decide who is or isn’t the Speaker”.
The legal dispute stemmed from the 2024 budget proposal, which was initially challenged in the Federal High Court. However, Falana explained that since the budget had already been passed into law, the governor saw no need to continue litigation.
A five-member panel of the Supreme Court, led by Justice Uwani Abba-Aji, dismissed the appeal after Fubara’s counsel, Yusuf Ali, withdrew the suit.
The Rivers State House of Assembly has been mired in crisis since 2023 when over 25 lawmakers loyal to former Governor Nyesom Wike defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). This led to a split, with Martin Amaewhule leading one faction, while another group, led by Victor Oko-Jumbo, remained aligned with Fubara.
Despite the division, the governor has continued to transact state business with the Oko-Jumbo-led group while disregarding the Amaewhule faction.
Falana emphasized that three members of the House can legally conduct legislative functions, except in cases involving the impeachment of the governor.
He further argued that by defecting to the APC, the 27 lawmakers effectively lost their seats, as their seats had been declared vacant.
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