The political tension in Rivers State was accentuated on Monday following the Supreme Court’s dismissal of a suit filed by the state Governor, Siminalayi Fubara, against the 27 members of the State House of Assembly who had defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC) on the passage of the 2024 budget.

The two warring factions gave different interpretations of the judgement. The Supreme Court on Monday dismissed the suit following its withdrawal by Governor Fubara through his lead counsel, Yusuf Ali SAN. According to him, the case had been overtaken by events.

Bode Olanipekun (SAN) represented the lawmakers, who did not object to the withdrawal but instead insisted on an outright dismissal of the appeal. Their lawyer argued that since both parties had filed and exchanged briefs on arguments, dismissal was the appropriate order.

Giving his ruling, the five-member panel of justices awarded some amount of money against Fubara, to be paid to the Rivers State House of Assembly and its factional Speaker, Martin Amaewhule.

The Rivers State The government has clarified that its legal challenge regarding the leadership of the State House of Assembly and the membership status of lawmakers who defected in December 2023 remains pending before the Supreme Court. The Supreme Court ruling on Monday, February 10, 2025, was specifically related to the Appeal Court’s judgement, which directed Governor Fubara to re-present the 2024 budget before the Martins Amaewhule-led Assembly.

According to Fubara’s Camp: Since the 2024 budget had already been spent, Governor Fubara decided to withdraw his appeal against the ruling, as continuing the legal battle would serve no practical purpose. “The appeal, SC/CV/1071/2024: GOV of Rivers State v Rivers State House of Assembly & Ors, which came up today at the Supreme Court, has become purely academic.”The suit pertained solely to the 2024 budget, which was fully used by December 31, 2024, marking the end of the fiscal year.

The suit on the 27 lawmakers defection is pending at the Appeal Court in Portharcourt. The legal battle between the two parties began when the 27 Amaewhule-led members of the House of Assembly who are also loyal to the Minister of the Federal Capital Territory, Nysome Wike, defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). Their defection made the governor sideline them, as he presented his 2024 budget to the four members who did not defect to the opposition party.

However, in January 2024, Justice James Omotosho of the Federal High Court in Abuja nullified the Governor’s presentation of the budget and its passage, directing Fubara to re-present the budget to the legally constituted Amaewhule-led State House of Assembly. 

Subsequently, the matter made Justice Joyce Abdulmalik of the Federal High Court in Abuja stop the Central Bank of Nigeria from further releasing monthly financial allocations to the Rivers State government, stating that the state budget was not constitutionally passed. However, the Court of Appeal in Abuja reversed the judgement.

The Abuja Court of Appeal lifted its ruling, but the state’s financial flow restrictions remained in place. Justice Omotosho’s Federal High Court ruling affirmed that the budget presentation and passage violated constitutional procedures.

The appellate court also instructed Fubara to abstain from interfering in the House of Assembly’s affairs, support the House of Assembly under Amaewhule’s leadership, and refrain from interfering with the House of Assembly fund. The court also ordered the Inspector General of Police (IGP) to immediately deploy his operatives to the Assembly complex.

The Supreme Court dismissed Fubara’s case against the lawmakers and recognised Amaewhule as the legitimate Speaker of the House of Assembly. unclear whether Fubara is now obligated to comply with the court’s directive to re-present the 2024 budget to the Amaewhule-led assembly.

Political pundits are I am also concerned about the expected outcome of the political ruling. The political landscape in the state is particularly concerning, given that the apex court is currently handling four appeals related to the ongoing conflict between Fubara and the Amaewhule-led faction of the state House of Assembly.