The Court of Appeal in Abuja has affirmed the judgment of the Federal High Court that set aside the N800 billion budget passed by the minority five members of the Rivers State House of Assembly led by the Edison Ehie group loyal to Governor Siminalayi Fubara.
Chiding him for harassing the majority legislators of the House, the court ordered Fubara to re-submit his 2024 budget to the full House led by Speaker Martin Amaewhule, and ordered the Inspector-General of Police to provide them with security to carry out their constitutional functions.
The appellate court dismissed the appeal filed by the Governor Fubara on grounds that it lacked merit.
The court held that Governor Fubara withdrew his counter-affidavit at the lower court in the matter and as such cannot commence an appeal in a matter he didn’t challenge at the trial stage.
The Court of Appeal affirmed a lower court’s decision nullifying the Rivers State’s 2024 budget signed into law and currently operated by Governor Siminalayi Fubara.
The N800 billion budget passed in December 2023 by a faction of the fractured state’s House of Assembly consisting of four lawmakers led by Edison Ehie. The faction is loyal to Governor Fubara.
A three-judge panel of the Court of Appeal led by Joseph Oyewole unanimously affirmed the House’s faction led by Speaker Martin Amaewhule as the legitimate legislative authority, which had earlier invalidated the state’s 2024 budget.. .
Oyewole made the pronouncements after dismissing the appeal filed by Governor Fubara against the 22 January decision of the Federal High Court in Abuja.
Amaewhule leads an overwhelming majority faction of 27 members loyal to the Minister of the Federal Capital Territory (FCT) and immediate-past Rivers State governor, Nyesom Wike, against the four members favoured by Governor Fubara.
The Court of Appeal ruled on Thursday that passing the budget by only four lawmakers violates quorum requirement and relying on such a budget by the governor amounts to “executive recklessness.”
The court also said the presentation of the budget before the House and signing it by the governor within 24 hours were in disregard of an order of the Federal High Court.
It also held that the appeal filed by the Governor Fubara against the 22 January 22 judgement of the trial Federal High Court was unmeritorious. It held that Fubara, having failed to challenge the case at the trial court, by withdrawing all his filings against the suit, has lost the right to appeal against the trial court’s judgement.
Oyewole held that withdrawing all his processes before the lower court means the governor conceded to all the allegations, including the illegal demolition of parts of the House of Assembly and redeploying its officials, amounted to an admission and deemed to be true under the law.
The judgment condemned Fubara’s decision to redeploy the Clerk and Deputy Clerk of the Assembly after the demolition of parts of the legislative complex, describing it a violation of the principle of separation of powers.
“It is a notorious fact that facts, claims and allegations not challenged, not disputed are deemed admitted in law. The governor was alleged to have demolished parts of the House of Assembly, redeployed the Clerk and Deputy Clerk of the House and yet none of the allegations was disputed.
“Rather, he voluntarily withdrew all the processes and opted out of the case against him at the federal government. His journey to this Court of Appeal is unknown to law.
“Having withdrawn from the case, he can no longer claim to be aggrieved by the judgment of the same high court. He has lost the legal right to make any complaint against the judgment.
“His appeal to this court is bereft of merit and is hereby dismissed for want of merit,” Oyewole ruled.
The court criticised Fubara’s inconsistent legal strategy, calling it “approbating and reprobating.”
The court ordered the Inspector General of Police to provide security at the Assembly complex to ensure that the pro-Wike lawmakers can carry out their duties.
Fubara’s appeal was dismissed as lacking merit. The court also ordered him to pay N500,000 in damages to each of the 13 respondents.
In January, the Federal High Court in Abuja nullified Rivers State’s N800 billion 2024 budget, signed into law by Governor Fubara.
