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Following a notice of withdrawal, the Supreme Court of Nigeria, has dismissed the suit filed by Rivers State Governor, Siminalayi Fubara, over the authenticity of the membership of 27 members of the State House of Assembly, who resigned from the house as PDP members and allegedly defected to the All Progressives Congress APC, to preside and participate in the State legislature’s activities, following the withdrawal of the Appeal to the Apex Court by Counsel representing the Rivers Governor.

The Apex Court on Monday, February 10, 2025, 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.

NOTICE OF WITHDRAWAL
It could be recalled that 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).

To set the record straight regarding the withdrawal of the appeal by Governor Siminalayi Fubara’s legal team and to counter some contrary narrative, it has to be stated that the withdrawal is not a concession or acceptance of any court ruling. Rather, it is a pragmatic acknowledgment that the appeal has been overtaken by events, as with the presentation of the 2025 Rivers State budget, whereas the matter in contention, which is the 2024 budget, has since moved far beyond the circumstances in question.

For clarity, the withdrawal of the appeal, as explicitly stated in the notice, aligns with Order 11, Rule 14 of the Supreme Court Rules. It acknowledges that pursuing this matter is no longer necessary due to the changed circumstances, not because of any defeat.

It would further be recalled that the Supreme Court had earlier announced that it would hear five critical cases related to the ongoing political crisis in Rivers State today, February 10, 2025. The cases, instituted by the Rivers State House of Assembly, are expected to address key legal and constitutional issues that have arisen from the state’s political developments.

The five cases before the Supreme Court are:

1. Case No: SC/CV/1174/2025_: Rivers State House of Assembly & Others vs. Rivers State Government & Nine Others

2. Case No: SC/CV/1175/2025_: Rivers State House of Assembly & Others vs. Rivers State Governor & Nine Others

3. Case No: SC/CV/1176/2025_: Rivers State House of Assembly & Others vs. Rivers State Independent Electoral Commission (RSIEC) & Nine Others

4. Case No: SC/CV/1177/2025_: Rivers State House of Assembly & Others vs. Accountant General of Rivers State & Nine Others

5. Case No: SC/CV/1071A/2025_: Rivers State House of Assembly & Others vs. National Assembly & Sixteen Others

These cases are expected to address critical issues such as the legitimacy of the state government, the powers of the state legislature, and the role of the independent electoral commission. The Supreme Court’s decisions on these matters will be pivotal in determining the legal and administrative framework within the state.