The Court of Appeal in Abuja, on Thursday, dismissed an appeal filed by Governor Siminalayi Fubara of Rivers to challenge the lower court judgment nullifying the passage of the state’s 2024 budget.
Recall that Justice Omotosho had, on January 22, set aside the Rivers’ N800 billion budget passed by five members of the house led by the Edison Ehie-led faction and signed by Fubara in “indecent haste”.
However, a three-member panel of the appellate court, led by Justice Joseph Oyewole dismissed the governor’s appeal, describing it as unmeritorious.
Justice Abang, who read judgement on cross appeal, describes Fubara as exhibiting executive recklessness.
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 withdrew his counter affidavits and other processes filed at the lower court, cannot 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, who dismissed the appeal, ordered Fubara to pay each of the 13 respondents the sum of N500,000 each.
Recall that Justice James Omotosho, in a judgment, held that the presentation of the appropriation bill by Fubara on Dec. 13, 2023 and its passage by the lawmakers amounted to nullity, following an interim order made by the court on Nov. 30, 2023.
Justice Omotosho, who made an order of 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 with 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 decision of the court was premised on the earlier order made on Nov. 30, 2023 and the facts that Fubara, who was 11th defendant in the case, withdrew his processes in opposition to the plaintiffs’ originating motion.
