Human rights lawyer Femi Falana clarified the Supreme Court’s dismissal of Governor Siminalayi Fubara’s appeal during a Channels Television interview.
He revealed Governor Fubara’s legal team withdrew the case voluntarily, rendering it legally inconsequential.
Falana stated: “No victory exists when courts dismiss appeals due to withdrawal rather than merit.”
The Senior Advocate of Nigeria emphasized Fubara initiated the withdrawal, declaring the litigation academically irrelevant through formal instructions to counsel.
Falana explained the governor deemed continued proceedings unnecessary, concluding: “This procedural closure eliminates grounds for political celebration by any party.”
In other words, the issues were no longer alive, and there was no need to waste the court’s time.”
The appeal in question stemmed from a dispute over the leadership of the Rivers State House of Assembly.
The crisis began in 2023 when over 25 lawmakers loyal to former Governor Nyesom Wike defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
This shift resulted in a sharp division within the Assembly, with two factions vying for control.
One faction, led by Martin Amaewhule, was challenged by a rival group loyal to Governor Fubara and headed by Victor Oko-Jumbo.
The Supreme Court’s five-member panel, led by Justice Uwani Abba-Aji, dismissed Fubara’s appeal after his counsel, Yusuf Ali, withdrew the case.
The appeal initially arose from a Federal High Court ruling concerning the state’s 2024 budget proposal, which has since been passed into law.
According to Falana, this rendered further litigation unnecessary.
Legislative Authority and Defections
Falana also addressed concerns about legislative authority within the embattled Assembly.
First, he stressed that under Nigerian law, three state House of Assembly members can legislate if the matter excludes impeaching the governor.
Additionally, Falana clarified, “The court didn’t address speaker roles; the appeal solely concerned the 2024 budget.”
Moreover, he argued 27 PDP defectors to APC lost seats. Their move breached constitutional mandates requiring resignation without valid justification.
Political Implications
The ongoing crisis has left Rivers State with a divided legislature. Governor Fubara has conducted state business with the Oko-Jumbo-led faction while sidelining Amaewhule’s group.
This situation has raised questions about governance and representation in one of Nigeria’s most politically significant states.
As Rivers State navigates this turbulent period, Falana’s remarks underscore the importance of adhering to constitutional principles and judicial processes.
While the Supreme Court’s dismissal may temporarily ease tensions, the broader issues of party loyalty and legislative legitimacy remain unresolved.
This development starkly illustrates how Nigerian law and politics actively influence one another.
Simultaneously, it risks transforming governance structures and disrupting party operations nationwide.
Consequently, these shifts may prompt legal reevaluations while compelling political factions to adapt strategies.
Such changes could ultimately redefine power balances across the country’s institutions.