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The Supreme Court has dismissed the suit by Rivers State Governor, Siminalayi Fubara seeking to remove 27 members of the State House of Assembly on grounds of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). The Apex Court 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 have overtaken his suit and that the lawmakers are their friends.
The request for the withdrawal of the contentious suit was not opposed by Rivers States House of Assembly and its Speaker, Martin Amaewhule who were represented by Chief Wole Olanipekun SAN, Olanipekun SAN however demanded for outright dismissal of the suit on the premise that parties have filed and exchanged their brief of arguments and thus, joined issues with each other. He argued that the proper order to be made in the circumstances is the dismissal of the case which the court agreed with.
Following no objections from parties, the Apex Court dismissed it and awarded a N4M against Fubara to be paid to the House of Assembly and Amaewhule. Addressing newsmen shortly after the dismissal of the suit, a Senior Advocate of Nigeria, Ken Njemanze, said that the coast has been finally cleared for the 27 lawmakers to take over the House of Assembly fully. The senior advocate explained that all steps taken by Fubara in the absence of the 27 lawmakers, including presentation of the 2024 and 2025 budgets to only 3 lawmakers among others, have become a nullity.
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