Falana: S’court didn’t determine who is authentic Rivers speaker

Femi Falana, the human rights lawyer, has reacted to the supreme court verdict on the appeal filed by Siminalayi Fubara, governor of Rivers, against Martin Amaewhule, the factional speaker of the state house of assembly.

Falana, who spoke on Channels Television Politics Today on Monday, said the apex court did not determine the authentic Rivers assembly speaker.

Earlier on Monday, the supreme court dismissed the appeal filed by Fubara against the judgment that voided the presentation and passage of the 2024 budget of the state.

The five-member panel of the apex court awarded a cost of N4 million against the governor, to be paid to the Rivers house of assembly and Amaewhule.

The Rivers governor had earlier withdrawn the appeal at the apex court for being “overtaken by events”.

Bode Olanipekun, counsel to Amaewhule, did not oppose the request to withdraw the appeal filed by Fubara.

Speaking on the development, Falana said the decision at the federal high court that led to the appeal was the 2024 budget proposal.

He added that the governor said the budget had already been passed into law, and there was no need to continue litigation.

“When an appeal is dismissed not on merit but on the basis of withdrawal by the appellant, the question of celebration doesn’t arise,” Falana said.

“What happened in this case is that the governor of Rivers state instructed his lawyers to withdraw the appeal on the grounds that it has become an academic exercise.

“In other words, the issues are no longer alive, and therefore, why do you want to waste the time of the court?

“It wasn’t contrary to what a colleague was saying; the court did not determine who is a speaker or who is not a speaker. No, it didn’t come up.

“The basis of the dismissal is this—once the parties have filed their briefs and you are now withdrawing, it will be dismissed, not struck out, so that you don’t come back. That’s all. The dismissal was not anchored on the merit of the appeal.”

The human lawyer noted that three members of the state house of assembly can carry out legislative functions.

He added that by decamping from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), the other 27 members of the Rivers house of assembly lost their seats since.

“As of today, 27 members are no longer legislators, having defected from their party. They obtained an ex-parte injunction from the federal high court in Abuja, swearing an affidavit that they’ve left the PDP,” Falana said.

“The court granted their request but ordered them to pay damages of around N5 million, which they haven’t paid. Once the affidavit became public, they withdrew the case, but the affidavit remains a permanent court record.

“The lawmakers swore an affidavit, confirming their departure from the PDP and defection to the APC.

“Today, Fubara is right to relate with only three members of the house of assembly, until the vacancies are filled. That case is coming up on the 17th, and they are defending the case.

“The supreme court never spoke on the legitimacy of the lawmakers’ seats; in fact, the notice of discontent leads the appellants hereby to wish to withdraw their appeal because it has been overtaken by events. That is the language.”

BACKGROUND

In December 2023, Fubara presented the 2024 budget to only five lawmakers in the Edison Ehie-led faction of the assembly.

In January 2024, a federal high court in Abuja voided and set aside the presentation and passage of the budget.

James Omotoso, the presiding judge, ordered Fubara to re-present the budget to the “legally” constituted house of assembly under Amaewhule.

In October 2024, a court of appeal in Abuja affirmed the judgment of the federal high court that voided the presentation and passage of the 2024 budget for Rivers state.