Defection: Federal High Court dismisses suit of loyalists of Siminalayi Fubara against 27 Pro-Wike Rivers lawmakers

  …Recognises APC-aligned lawmakers as legitimate office holders A Federal High Court sitting in Port Harcourt has once again dismissed a su...

 …Recognises APC-aligned lawmakers as legitimate office holders

A Federal High Court sitting in Port Harcourt has once again dismissed a suit filed by lawmakers loyal to Rivers State Governor Siminalayi Fubara, challenging the legitimacy of 27 members of the State House of Assembly who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

 Recall that the Supreme Court had earlier dismissed the suit filed by Rivers State Governor Siminalayi Fubara seeking the removal of 27 members of the State House of Assembly over their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The court, in a ruling delivered by Musa Muhammad, struck out the case after Mr Fubara’s legal team, led by Yusuf Ali, a Senior Advocate of Nigeria (SAN), withdrew the appeal.

The governor, in his notice of withdrawal, simply informed the panel of justices that “events had overtaken the suit.”

The Rivers State House of Assembly and its Speaker, Martin Amaewhule, represented by Wole Olanipekun, also a SAN, did not oppose the withdrawal.

The court, presided over by Justice Emmanuel Obile, ruled that the defected lawmakers, led by Speaker Martins Amaewhule, retain their seats in the House and that their defection did not amount to a constitutional breach that warranted their removal.

“This court cannot close its eyes to the binding precedent of the Supreme Court, which in February recognised the leadership of the Rivers State House of Assembly under Speaker Martins Amaewhule. That decision, being from the apex court, is final and conclusive,” Justice Obile ruled.

The suit, filed by pro-Fubara lawmakers, Hon. Victor Oko-Jumbo, Hon. Adolphus Orubienimigha, and Hon. Sokari Goodboy Sokari, sought a declaration that the seats of the 27 defected legislators be declared vacant on grounds that they abandoned the party under which they were elected.

In his reaction, Speaker Martins Amaewhule welcomed the judgement. However, Fubara’s loyalists expressed displeasure over the outcome. Hon. Victor Oko-Jumbo, speaking shortly after the verdict. 

The ruling brings temporary relief to the pro-Wike faction of the Assembly, which has been locked in a bitter political standoff with Governor Fubara since the mass defection in December 2023.