*Argues That Three Members Can Carry Out Legislative Functions
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Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has clarified that the Supreme Court’s dismissal of an appeal filed by Rivers State Governor Siminalayi Fubara did not determine the legitimacy of the Speaker of the Rivers State House of Assembly. The appeal, which was withdrawn by Fubara’s legal team, was dismissed on the grounds that it had become an academic exercise.
The appeal stemmed from a dispute over the 2024 budget passed by the Rivers State House of Assembly. Governor Fubara had challenged the legality of the budget’s passage, but the case became moot after the budget was fully expended and the state moved on to the 2025 budget. Fubara’s legal team, led by Yusuf Ali, SAN, withdrew the appeal, citing that the issues were no longer alive.
The Supreme Court dismissed the appeal based on the withdrawal and awarded a cost of N2 million against the governor, payable to the Rivers State House of Assembly and its Speaker, Martins Amaewhule. However, Falana emphasized that the dismissal did not address the substantive issue of who is the legitimate Speaker of the House.
In an interview on Channels Television’s Politics Today, Falana explained that the Supreme Court’s decision was procedural and not a judgment on the merits of the case. “The court did not determine who is the Speaker or who is not the Speaker. What was decided at the lower courts had to do with the 2024 budget, which has now been expended. The governor said, ‘We have spent the money, and we are now dealing with the 2025 budget.’ So, why litigate on it?” Falana stated.
He further clarified that the dismissal was based on the withdrawal of the appeal and not on the merits of the case. “Once you have joined issues and 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. The dismissal was not anchored on the merit of the appeal,” Falana added.
Falana also addressed the controversy surrounding the legitimacy of the Rivers State House of Assembly, which currently has only three members following the defection of 27 lawmakers to the All Progressives Congress (APC). He cited the Supreme Court’s ruling in A.G. Abia State vs. A.G. Federation, which established that lawmakers who defect from their party without a justifiable cause automatically lose their seats.
“The law is clear. Once you defect, and your party has not broken down at the national level, you lose your seat automatically. That is the position of the law today,” Falana said.
He also dismissed arguments about the moral justification of a governor presenting a budget before a three-member House of Assembly. “If there are only three legitimate members, the governor can present the budget. The quorum you are talking about in Rivers State was when there were 32 members. Today, out of the four on the side of the governor, one became the Chief of Staff, leaving three members. Three members can carry out legitimate functions,” Falana explained.
Falana noted that the situation in Rivers State is not unprecedented. He recalled that in 2016, a governor presented a budget before seven members of the House of Assembly. He also referenced the Supreme Court’s warning in Plateau State, where the court ruled that vacancies in the House must be filled before impeaching a governor.
“The only thing that the three members cannot do is impeach the governor. But they can carry on the duties of the House,” Falana said.
Falana revealed that a case filed by the 27 defected lawmakers, challenging the declaration of their seats as vacant, is scheduled for hearing on Monday, February 17, 2025. He expressed confidence that the court would uphold the law, stating, “They cannot go around parading themselves as legislators having defected. That’s what is going on.”
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