By Vincent Egunyanga, Abuja
The Court of Appeal in Abuja has dismissed an appeal filed by Governor Siminalayi Fubara of Rivers challenging the lower court’s judgment, nullifying the passage of the state’s 2024 budget.
Recall that Justice Omotosho had, on January 22, set aside the Rivers’ N800bn budget passed by five house members led by the Edison Ehie-led faction and signed by Fubara in “indecent haste.”
However, a three-member appellate court panel led by Justice Joseph Oyewole dismissed the governor’s appeal, describing it as unmeritorious.
Justice Okon Abang, who read judgement on cross-appeal, described Fubara as exhibiting executive recklessness.
The court also threw out the appeal by the Rivers State Governor, Siminalayi Fubara, against the judgement of the Federal High Court, Abuja which affirmed Martins Amaewhule as the Speaker of the State House of Assembly.
In a unanimous judgement, the Justices affirmed that any gathering of any group of people purportedly for the Rivers State House of Assembly other than the one headed by Amaewhule is ‘illegal and whatever decision taken is a nullity.’
They ruled that passing the state budget by “four members of the Assembly is a nullity.”
Abang stated that the governor’s actions were “jokes taken too far,” adding that his conduct was “disdainful of the judiciary.”
“Democracy is anchored on rule of law, not rule of might as we have seen in the governor of Rivers State,” he said.
The court had declared that Fubara, having withdrawn his counter-affidavits and other processes filed at the lower court, could not come by way of appeal to revive a matter that had been terminated.
The court held that since the appellant (Fubara) did not challenge all the facts presented by the respondents (the House of Assembly and the 12 pro-Wike lawmakers) at the lower court, it meant that those facts stand unchallenged.
The panel, which dismissed the appeal, ordered Fubara to pay each of the 13 respondents N500,000.
Recall that Justice James Omotosho, in a judgment, held that the presentation of the appropriation bill by Fubara on December 13, 2023, and its passage by the lawmakers amounted to nullity, following an interim order made by the court on November 30, 2023.
Justice Omotosho, who ordered an injunction restraining Fubara and other defendants from interfering with the state’s assembly led by Amaewhule, held that the passage of the bill into law was a wilful breach of the court order.
The judge also stopped the governor or any members of the state executive arm from appointing or reposting any person as a clerk or deputy clerk of the assembly in contravention of the laws governing the Rivers State House of Assembly Service Commission.
He further made an order restraining the National Assembly from taking over the state’s assembly.
Justice Omotosho held that the court’s decision was premised on the earlier order made on November 30, 2023, and the facts that Fubara, the 11th defendant in the case, withdrew his process in opposition to the plaintiffs’ originating motion.
