•Awards N24m cost in favour of lawmakers
•Ruling based on case withdrawal, govt, Falana explain
•HURIWA, opposition lawmakers, others react
Chuks Okocha, Adedayo Akinwale, Alex Enumah in Abuja and Blessing Ibunge in Port Harcourt
The Supreme Court, yesterday, reserved judgements in four separate appeals surrounding the Rivers State political logjam, which has continued to pit the Minister of the Federal Capital Territory (FCT), Mr Nyesom Wike against the incumbent governor, Siminalayi Fubara.
But the court dismissed the appeal by Fubara against the judgement ordering him to re-present the state’s 2024 appropriation before the faction of the State House of Assembly led by Rt Hon. Martin Amaewhule.
A five-member panel of justices of the apex court led by Justice Uwani Musa Aba-Aji, dismissed the appeal shortly after it was withdrawn by Fubara’s lawyers led by Mr Yusuf Ali, SAN.
Both the Federal High Court and Court of Appeal had in separate judgements, faulted Fubara’s presentation of the 2024 appropriation before a five-member assembly led by Rt Hon. Edison Ehie.
Fubara predicated his decision to present to the Ehie-led Assembly on the grounds that the Amaewhule-led faction, having defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) ceases to be lawful members of the state assembly.
But the two lower courts held that he could not present the budget before a five member house of assembly, especially when he did not present any evidence that the faction of Amaewhule 27 lawmakers defected from the PDP to the APC.
Displeased with the judgements of the two lower courts, Fubara, last year, approached the apex court for an order setting aside the concurrent judgements ordering him to represent the budget to the Amaewhule-led faction.
However, when the matter came up up yesterday, Ali informed the five-member panel of justices of a notice of withdrawal filed on February 6, seeking to withdraw the appeal on the grounds that, “the appeal has been overtaken by events.”
Responding, Wole Olanipekun, SAN, who represented Rivers State House of Assembly and Amaewhule, 1st and 2nd respondents respectively and Chief Joseph Daudu, SAN, who represented 3rd to 12th respondents (National Assembly and the leadership), said they were not opposed to the withdrawal, pointing out that since issues had been joined by all parties, the proper thing for the court to do was to dismiss the appeal instead of striking it out.
Besides, Olanipekun and Daudu also asked for a cost of N2 million for each of their clients.
In a short ruling, Justice Aba-Aji, granted the application and dismissed the appeal.
She also granted the request for cost of N2 million in favour of the 1st to 12 respondents.
But, the apex court reserved its verdicts on four other cases on the state political crisis, saying a date would be communicated to lawyers representing parties in the appeals shortly after the counsel adopted their processes for and against the various appeals.
The four appeals are marked SC/CV/1174/2024, between Rivers State House of Assembly and others against the Rivers State Government and nine others; SC/CV/1175/2024, between Rivers State House of Assembly and others against the Rivers State Governor and nine others.
The others are SC/CV/1176/2024, between Rivers State House of Assembly and others against Rivers State Independent Electoral Commission (RSIEC), and nine others; and SC/CV/1177/2024, between Rivers State House of Assembly and others against the Accountant General of Rivers State and nine others.
They were in respect of some judgements delivered by the Federal High Court, Abuja which prohibited the release of monthly allocations to Rivers State from the Federation Account and another that barred the Independent National Electoral Commission (INEC) from releasing voter’s register to the state government for the purpose conducting local government election among others.
Justice Joyce Abdulmalik of the Federal High Court in Abuja, had ordered the stoppage of the release of allocations from the federal government to Rivers State until the governor presented the budget before the Martin Amaewhule-led House of Assembly members.
The Court of Appeal in Abuja, however, upturned the the judgement on the grounds of grave injustice in the findings and decisions.
In another judgement, the Court of Appeal, upturned the decision of Justice Peter Lifu, also of the Federal High Court, Abuja, which had ruled against the conduct of the October 5, 2024, local government council election in Rivers on the grounds that due process of Rivers State laws on local government elections had not been followed.
Shedding light on the development, senior lawyer, Mr Femi Falana, corrected the misconception that the Supreme Court recognised the Amaewhule-led faction as the authentic leadership of the Rivers State House of Assembly.
According to him, the issue of defection of the 27 lawmakers said to be loyal to Wike was still pending before a Federal High Court in Port Harcourt.
He explained that the withdrawal of the appeal against the budget had nothing to do with the issue of defection.
“With respect to what happened today which many of you are aware, we filed an appeal against the judgement of the Court of Appeal in respect of the budget of the state. The budget has since expired and we are talking of 2025 budget, but that appeal has to do with 2024 budget.
“Secondly, with respect to the legislators, it was after the judgement of Justice Omotosho of the Federal High Court and the Court of Appeal that they defected.
“So, the question of their defection is now pending before a Federal High Court in Port Harcourt that is why we withdrew the appeal on the grounds that it has been overtaken by events,” he said.
Also, the Attorney-General and Commissioner for Justice, Dagodo Israel Iboroma, who said he was in court, lamented that there had been serial misrepresentation in social and electronic media, misrepresenting what transpired in court.
Saying it was important to trace the facts leading to SC/CV/1701/2024, he said, “On the 29th day of November, 2023, Martin Chike Amaewhule & Anor instituted Suit No: FHC/ABJ/CS/1613/2023 at the Federal High Court, Abuja. Here are copies of their originating summons containing the 11 (eleven) reliefs claimed by Martin Chike Amaewhule and others.
“On the 11th day of December, 2023 while Suit No: FHC/ABJ/CS/1613/2023 was pending at the Federal High Court, Abuja, Martin Chike Amaewhule & 26 others defected from the Peoples Democratic Party to the All Progressives Congress and automatically lost their seats as members of the Rivers State House of Assembly.
“In Suit No: FHC/ABJ/CS/1613/2023, the defection of Martin Amaewhule and 26 others was not an issue. Thus, it was not a question for determination. It was also not an issue for determination in the resultant appeals.
“Furthermore, before judgment was delivered in Suit No: FHC/ABJ/CS/1613/2023, Martin Chike Amaewhule and 26 others did not inform the court that they have defected from the Peoples Democratic Party to the All Progressives Congress.
“Suit No: FHC/ABJ/CS/1613/2023 amongst others was principally about the Appropriation Law 2024, (a.k.a 2024 budget). We are in the year 2025 with a 2025 Appropriation Bill already passed and signed into law and in operation.
“The Appropriation Law 2024 is now totally spent and cannot be brought back into operation. The monies in the Appropriation Law 2024 having been spent cannot be recalled and spent again.
“The Appropriation Law 2024 being spent by reason of its expiration, SC/CV/1701/2024 became merely academic and of no utilitarian value.”
According to him, “The appellant in keeping with the time honoured practice of not wasting precious judicial time, filed a notice of withdrawal of his appeal and freely urged the Honourable Court to dismiss his appeal. Accordingly, the Honourable Court granted the prayer sought and dismissed the appeal. This is all that transpired.
“The Supreme Court made no order whatsoever reinstating Martin Chike Amaewhule and 26 others as members of Rivers State House of Assembly, neither did the Supreme Court make any finding on their status as members of Rivers State House of Assembly.
“We call on members of the public to ignore the false narrative and propaganda being spread by Martin Chike Amaewhule and his lawyers on what transpired in the Supreme Court today.”
In its reaction, Commissioner for Information and Communication, Mr Joe Johnson, also clarified that the Supreme Court dismissed its case on re-presentation of the 2024 appropriation bill and not on eligibility of the 27 embattled lawmakers, as members of the Rivers State House of Assembly, adding that, the dismissed appeal was academic.
Johnson explained that, “The 2024 budget was spent on December 31, 2024 fiscal year. The appeal is of no useful purpose. The only reasonable thing left to do is to withdraw the appeal and have it dismissed.
“The Supreme Court is a very busy court. It will be most unwise to belabour the Honourable Court with academic appeals without any practical or utilitarian value. That is the appeal that the urchins are celebrating.
“There is no Supreme Court judgment against Governor Fubara, ignore the outdated political propaganda by some desperate politicians.”
Also, the Chief of Staff to Fubara, Edison Ehie, said since the 2024 budget had been spent, the governor thought it wise to withdraw his appeal against the judgement because it will be a mere academic exercise to dwell on the matter.
Ehie, who made the explanation via his Facebook handle, stated “This appeal SC/CV/1071/ 2024: GOV of Rivers State vs Rivers State House of Assembly & Ors that came up today at the Supreme Court has become purely academic.
“The case leading to this appeal was before James Omotosho as SUIT NO. FHC/ABJ/CS/1613/2023. It was filed on November 29, 2023.
“SUIT NO. FHC/ABJ/CS/1613/2023 pertains to the 2024 budget, which is no longer alive, the monies appropriated therein having been judiciously spent for the benefit of the good people of Rivers State
“It is important to note that after Suit No. FHC/ABJ/CS/1613/2023 was filed on November 29, 2023, Martin Chike and his 26 friends defected from PDP to APC on Day of December 11, 2023. Their seats in the Rivers State House of Assembly became vacant.
“This appeal that was withdrawn today has nothing to do with the seats of Martin Chike Amaewhule and his 26 friends in the Rivers State House of Assembly. The members of the public should not be taken in by the misleading propaganda by Martin Chike Amaewhule and his 26 friends.”
On their part, opposition lawmakers in the House of Representatives, have said the Supreme Court did not give any judgement against Fubara.
The lawmakers through their spokesperson, Hon. Ikenga Ugochinyere, while addressing a press conference on Monday in Abuja maintained that Fubara did not lose any case at the Supreme court.
He said the governor only withdrew his appeal over the 2024 budget which was already spent, executed.
Ugochinyere maintained that Hon. Victor Jumbo was still the authentic speaker and nothing could change that, saying Nigerians should disregard the political propaganda peddled by some sour losers who were still being delusional.
At the same time, the Human Rights Writers Association of Nigeria (HURIWA), in a statement, described reports misinterpreting the judgment as deliberate misinformation aimed at misleading the public and distorting the legal proceedings surrounding the case.
The group clarified that the Supreme Court did not issue any judgement in favour of the defected lawmakers, but merely dismissed the appeal filed by Fubara regarding the 2024 budget after his legal team voluntarily withdrew it.
According to HURIWA, the move was a procedural decision, not a loss, as the matter had already been overtaken by events.
Coordinator of the group, Comrade Emmanuel Onwubiko, stressed that, “The Supreme Court only acted in line with the governor’s decision to discontinue his appeal against the Court of Appeal ruling on the 2024 budget.
“The 2024 budget has already been spent and executed, and governance has moved on to discussions on the 2025 budget. It is, therefore, unnecessary to continue litigating an issue that is no longer relevant to ongoing governance in Rivers State.”
