The Supreme Court, yesterday, reserved judgment in the appeal the All Progressives Congress, APC, filed to nullify the outcome of the Local Government elections that held in Rivers State on October 5, 2024.
A five-member panel of the apex court, headed by Justice Uwani Abba-Aji, okayed the matter for judgment, after parties adopted their final briefs of argument.
The court had earlier in the day dismissed an appeal Governor Siminialayi Fubara filed to challenge another judgment that sought to compel him to re-present the 2024 budget of the state before the Martin Amaewhule-led faction of the Rivers State Assembly, which he argued had been overtaken by event.
Meanwhile, the Opposition Coalition has clarified that no Supreme Court judgment was issued against Fubara, despite speculations to the contrary, adding that Oko Jumbo remains the legitimate Speaker of the Rivers State House of Assembly.
While the APC, through its team of lawyers, led by Mr. J. Daudu, urged the Supreme Court to set-aside the November 21, 2024, judgment of the Abuja Division of the Court of Appeal, which declined to invalidate the election, Mr. Yusuf Ali, who announced appearance for Fubara, as well as Chris Uche, who represented the Rivers State Independent Electoral Commission, RSIEC, sought the dismissal of the appeal.
Recall that the appellate court vacated the judgment that barred the Independent National Electoral Commission, INEC, from releasing voters register to the RSIEC for the conduct of the LG polls.
The Justice Onyekachi Otisi-led panel, in a unanimous decision, held that the high court lacked the jurisdiction to entertain suit against the Rivers State LG elections.
According to the appellate court, section 28 of the Electoral Act does not cover elections conducted by states but only Federal elections, governorship and Area Council Elections in the Federal Capital Territory.
Meantime, the Supreme Court adjourned the case for judgment on a day it dismissed an appeal Fubara filed to challenge another judgment that sought to compel him to re-present the 2024 budget of the state before Martin Amaewhule-led faction of the Rivers State Assembly.
When the appeal was called up for hearing, yesterday, Fubara’s lawyer applied to withdraw it, saying it had been overtaken by events.
Neither Wole Olanipekun, who stood for the Amaewhule-led Rivers State lawmakers, nor Mr. Daudu, who represented the 3rd to 12th defendants, challenged the withdrawal, though they persuaded the apex court to award N2million cost to each of them.
The respondents further convinced the Justice Abba-Aji-led panel to dismiss the matter instead of striking it out, noting that they have already exchanged processes with the Appellant.
Maintaining that Fubara’s loss was “self-inflicted,” the appelate court held that since his counter-affidavit was withdrawn, “the appellant is deemed to have admitted the rather weighty facts that were presented by the respondents.”
The Supreme Court, yesterday, also reserved its verdict on seven consolidated appeals that are trailing the Appeal Court judgment that vacated the order that initially stopped the Central Bank of Nigeria, CBN, from releasing monthly statutory allocations to Rivers State.
Factional members of the Rivers State Assembly loyal to the immediate past governor of the state and current Minister of the Federal Capital Territory, FCT, Mr. Nyesom Wike, had insisted that all federal monthly allocations meant for Rivers state, should be withheld.
On his part, governor Fubara argued that the Amaewhule-led group had since ceased to be lawmakers in the state, having decamped from the Peoples Democratic Party, PDP, which sponsored their election, to the All Progressives Congress, APC.
Dismissed Fubara’s appeal at Supreme Court already academic —Rivers gov’t
Reacting to yesterday’s Supreme Court ruling, Rivers State Commissioner for Information and Communications, Warisenibo Johnson, in Port Harcourt, said: “The 2024 budget became spent on December 31 of 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 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 Fubara, ignore the outdated political propaganda by some desperate politicians.
“Supreme Court ruled on the appeal over the 2024 budget voluntarily withdrawn by Governnor Fubara because 2024 budget cycle had ended and no need wasting time discussing a budget that has been fully spent and implemented. Oko-Jumbo is still authentic speaker and nothing can change that.”
No Supreme Court judgement against Fubara —Opposition lawmakers
Speaking on behalf of the coalition, Mr. Ikenga Ugochinyere, in Abuja, said: “Governor Fubara did not lose any case at the Supreme Court. He withdrew his appeal over the 2024 budget because it has already expired and been fully implemented. The Supreme Court simply struck it out.
“Today the Supreme Court ruled on the Appeal over the 2024 budget voluntarily withdrawn by Fubara because 2024 budget cycle has ended and no need wasting time discussing a budget that have been fully spent and implemented.
“The sacked, disgruntled Martin Amaewhule are jubiliating, out of ignorance of what informed the decision of the apex court. For their information and others who care, the Supreme Court judgment was sequel to the withdrawal of the appeal by Governor Fubara through his lead counsel.
“That is the appeal that the urchins are celebrating. There is no Supreme court judgment against Fubara, ignore the outdated political propaganda by some desperate politicians.
“Supreme Court ruled on the appeal over the 2024 budget voluntarily withdrawn by Governnor Fubara because 2024 budget cycle had ended and no need wasting time discussing a budget that has been fully spent and implemented. Oko-Jumbo is still authentic speaker and nothing can change that.”
“Fubara, in the notice for withdrawal of the case, informed a 3-man panel of Justices of the court that events have overtaken his suit.
“For those who don’t know such events as mentioned by Governor Fubara include inter-alia that the 2024 budget for instance has been fully executed and exhausted with 2025 Appropriation in effect, hence the case is statute-barred. Also, Speaker of the Rivers State House of Assembly, Oko Jumbo is still in charge and control of the legislature in the South-South state as the sacked lawmakers and their gang leader, Amaewhule remained removed from office.”
He also urged Fubara to remain focused on providing good governance to the people of Rivers State, ignoring what he called “political shenanigans.“
Ugochinyere further reiterated that Oko-Jumbo remains the Speaker of the Rivers State House of Assembly, with no changes to his leadership.
Credit: Vanguard News Nigeria