The Supreme Court Monday dismissed the suit by Rivers State Governor, Siminalayi Fubara seeking to remove 27 members of the State House of Assembly on ground of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The Supreme Court dismissed the suit in a ruling delivered by Justice Musa Uwani-Aba-Aji following withdrawal of the appeal by Fubara through his lead counsel, Yusuf Ali SAN.
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.
Fubara in the notice for withdrawal of the case simply informed a three-man panel of Justices of the Court that events have overtaken his suit and that the lawmakers are their friends.
However, Olanipekun 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 N4 million against Fubara to be paid to the House of Assembly and Amaewhule.
While addressing journalists after the dismissal of the suit, Ken Njemanze SAN, said that the coast has been finally cleared for the 27 lawmakers to take over the House of Assembly fully.
