The Court of Appeal in Abuja has upheld the ruling of the Federal High Court that nullified the N800 billion budget approved by five members, led by Edison Ehie, of the Rivers State House of Assembly.
On Thursday, the appellate court rejected the appeal submitted by Rivers State Governor Siminalayi Fubara, citing a lack of merit.
The court determined that Governor Fubara withdrew his counter-affidavit in the lower court for this case, and therefore cannot initiate an appeal on a matter he did not contest during the trial stage.
In its unanimous decision, the court stated that Governor Fubara should adhere to the rule of law rather than resorting to might.
The court also states that the scenario in the Rivers State House of Assembly represents an executive dictatorship led by the governor, describing it as a situation taken to an excessive and absurd extent.
Justice Omotosho invalidated the 2024 Rivers budget approved by lawmakers supporting Fubara and overturned both the presentation and approval of the Rivers State 2024 budget.
In the judgment issued, Omotoso directed Siminalayi Fubara, the governor of Rivers, to resubmit the budget to Martin Amaewhule’s legally constituted House of Assembly.
In December 2023, Fubara presented a budget titled “Budget of Renewed Hope, Consolidation and Continuity,” amounting to N800 billion, to five out of more than 30 lawmakers in the state house of assembly.
In the judgment, Justice Omotoso instructed Fubara to release all funds due to the Rivers House of Assembly and prohibited the governor from interfering with its operations.
The court also annulled the reassignment of the clerk and deputy clerk of the state assembly by the head of civil service.
The judge ruled that the speaker is responsible for appointing a clerk and deputy clerk, as outlined in the Rivers State Assembly Service Commission law.
The court also determined that the inspector-general of police and the Nigeria Police Force are obligated to maintain security for all citizens of Rivers State, including members of the state assembly.
The court additionally issued a suspension on the proposed demolition and rebuilding of the Rivers State Assembly complex.
Justice Omotosho has voided the 2024 Rivers budget approved by lawmakers supporting Fubara and annulled both its presentation and passage.
In the judgment, Omotoso instructed Rivers Governor Siminalayi Fubara to submit the budget again to Martin Amaewhule’s duly constituted House of Assembly.
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In December 2023, Fubara submitted the budget named “Budget of Renewed Hope, Consolidation and Continuity,” amounting to N800 billion, to five out of more than 30 members of the state house of assembly.
In the ruling, Justice Omotoso mandated Fubara to provide all funds owed to the Rivers House of Assembly and prohibited the governor from meddling in its activities.
The court also invalidated the reassignment of the clerk and deputy clerk of the state assembly by the state’s head of civil service.
The judge ruled that, according to the Rivers State Assembly Service Commission law, it is the speaker’s responsibility to appoint a clerk and deputy clerk.
The court also declared that the inspector-general of police and the Nigeria Police Force have a duty to continue ensuring security for all citizens of Rivers, including state assembly members.
The court additionally mandated a halt to the proposed demolition and reconstruction of the Rivers State Assembly complex.
