A Lawyer representing the 27 Rivers State Lawmakers, Emmanuel Anene has alleged that the Governor of Rivers State, Sir Siminalayi Fubara withdrew all his applications in the case against the Martins Amaewhule’s faction. He stated how the Federal High Court, Justice James Omotosho’s alluded to the withdrawal of the application in the judgment, noting that no specific reason was provided for this action.
He argued that even if the president were to direct the withdrawal of cases, such direction would only be binding on plaintiffs, not defendants. He emphasizes a fundamental legal principle that defendants cannot unilaterally withdraw a case that they did not initiate. He stated that this distinction is particularly important in understanding the limitations of the governor’s actions as a defendant in the case. He stated categorically that if the original plaintiffs (in this case, the Rivers State House of Assembly and Martins Amaewhule) choose not to withdraw their case, the defendants have no legal authority to force such a withdrawal.
He said in an interview with Channels TV from 17:32, ‘In that Justice Omotosho’s case, the governor is not the plaintiff in that matter. The people who are the plaintiffs in that matter are the Rivers State House of Assembly and Martins Amaewhule, the second plaintiff. And the governor appeared as the 11th defendant; then the Attorney General was also there. Now, Edison Ehie was the 17th defendant in that suit.
The governor withdrew all his applications and Justice Omotosho alluded to that. The Justice said in that judgment that it should be noted that the 11th defendant in this case withdrew all his applications, including the filings he made in this case. There was no reason given by it, and I’m not here to give any reasons. If the president said withdraw all your cases, now the president is directing you as a plaintiff, not you as a defendant, because you are not the person that instituted the matter. If the person that instituted the matter has refused to withdraw the matter, you as a defendant don’t have a right to withdraw the matter.”