Contrary to some narratives, the Supreme Court verdict on the appeal by Rivers State Governor Siminalayi Fubara against the Martin Amaewhule-led House of Assembly does not determine the authentic Speaker of the House.
Human rights lawyer Femi Falana, SAN, clarified this in an interview on Monday, following the Supreme Court’s dismissal of the governor’s appeal.
“When an appeal is dismissed not on merit but because the appellant withdraws it, there is no basis for celebration. In this case, the governor of Rivers State instructed his lawyers to withdraw the appeal, as it had become an academic exercise,” Falana explained.
He emphasized that the court did not rule on the Speaker’s legitimacy. Instead, the appeal stemmed from a Federal High Court decision related to the 2024 budget proposal, which the governor stated had already been passed into law, rendering further litigation unnecessary.
A five-man panel of the Supreme Court, led by Justice Uwani Abba-Aji, dismissed the appeal against the Amaewhule-led group based on its withdrawal by Fubara’s counsel, Yusuf Ali.
The Rivers Assembly has been in crisis since 2023, following the defection of over 25 lawmakers loyal to former Governor Nyesom Wike from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The leadership of the House, under Amaewhule, was subsequently contested by lawmakers led by Victor Oko-Jumbo, who is aligned with Fubara.
Since then, Fubara has conducted state business with the Oko-Jumbo group while ignoring the Amaewhule faction.
Falana reiterated that three members of the state House of Assembly can carry out legislative functions, except in matters concerning the governor’s impeachment. He asserted that by defecting from the PDP to the APC, the 27 lawmakers lost their seats when they were declared vacant.
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