Messrs Wike and Fubara have been locked in a protracted fight over the control of the political structures in Rivers State.
A Federal High Court in Port Harcourt has fixed 16 April for its ruling on an application seeking the sack of 27 lawmakers of the Rivers House of Assembly over their defection.
The 27 lawmakers, led by the Speaker, Martin Amaewhule, are loyal to the FCT Minister, Nyesom Wike.
The Labour Party (LP), which filed the suit, had prayed the court to declare the seats of the lawmakers vacant for defecting from the PDP to the APC, Channels TV reported.
Following a peace deal brokered by President Bola Tinubu, Governor Siminalayi Fubara had applied to withdraw the initial suit filed in the Supreme Court seeking the sack of the lawmakers for the defection.
The Supreme Court in February dismissed the suit after Mr Fubara's legal team, led by Yusuf Ali, a Senior Advocate of Nigeria (SAN), withdrew the appeal.
'Strike out the matter'
During a hearing at the Federal High Court in Port Harcourt on Monday, counsel to the defendants (27 lawmakers) asked the court to strike out the matter, citing a recent Supreme Court judgement which dismissed the matter.
The lawyer, presenting the Certified True Copy of the court ruling, argued that the Supreme Court had restored the Amaewhule-led leadership of the assembly.
He claimed that Governor Fubara, who initially raised allegations of defection, had withdrawn the claims at the Federal High Court in Abuja.
However, in his submission, counsel to the LP, Clifford Chukwu, argued that the defection of the lawmakers was a "collateral matter" before the Supreme Court.
Mr Chukwu urged the court not to grant the prayer, seeking the matter to be struck out based on evidence of the lawmakers' defection before it.
Speaking to reporters after the ruling, the prosecution counsel said he had presented his submission and that only the ruling on 16 April would determine whether the submissions by the defendants' counsel are upheld.
Background
The crisis within the Rivers State House of Assembly traces back to October 2023, following a political fallout between Mr Fubara and his predecessor, now FCT minister, Mr Wike.
On 29 October 2023, amid speculations of an impeachment move against Mr Fubara, a fire broke out at the Rivers State House of Assembly complex around 10 p.m.
However, security operatives swiftly took control of the complex while a fire truck was deployed to the scene.
The tensions escalated as Messrs Fubara and Wike fought for control of the political structure in the state.
In December 2023, the 27 lawmakers "defected" from the PDP to the APC, triggering a constitutional debate. The Nigerian Constitution stipulates that lawmakers who defect from their original party must vacate their seats unless their defection is due to internal divisions within the party.
In response, the Rivers State High Court declared the seats of the defecting lawmakers vacant. The decision was challenged, leading to a series of legal battles.
The lower court decision made Mr Fubara sideline the 27 lawmakers by presenting the 2024 budget to four lawmakers loyal to him.
The action was challenged in court, and in October 2024, the Court of Appeal upheld the Federal High Court's decision that nullified the budget passed by the four lawmakers, stating that it lacked the required legislative quorum.
In July 2024, the Court of Appeal in Abuja overturned the lower court's ruling, reinstating the 27 lawmakers and recognising Mr Amaewhule as the Speaker of the House.
But Mr Fubara appealed the ruling at the Supreme Court and continued to sideline the lawmakers, presenting the 2025 Appropriation Bill to a faction of only three lawmakers.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
The governor had been forwarding all executive communications, including bills and nominees for appointments, to the three-member faction for consideration and approval.
But in February, the Supreme Court restored Mr Amaewhule's position as the speaker, reinstated the others as legitimate members of the assembly, and nullified the local election organised by Mr Fubara's administration.
The lawmakers subsequently gave the governor 48 hours to re-present the budget.
The governor had vowed to implement the order of the Supreme Court despite disagreeing with the verdict.
His efforts to re-present the budget were unsuccessful as the lawmakers denied him access to the assembly quarters last Wednesday.
On Monday, the battle took a new twist when 26 lawmakers served a notice of alleged misconduct against Governor Fubara and his deputy, Ngozi Odu.
The notice of misconduct against the duo marks a resumption of the impeachment plot against them.
