The Supreme Court, on Monday, dismissed Rivers State Governor Siminalayi Fubara’s appeal against the Federal High Court judgment that nullified the N800 billion budget passed by the Edison Ehie-led faction of the Rivers State House of Assembly and signed into law by him.
The Chief of Staff to Fubara, Edison Ehie, also corroborated this verdict in a statement following the apex court’s decision on Monday regarding the budget matter arising from Rivers State.
Naijaonpoint previously reported that a three-member panel of the Appeal Court dismissed Fubara’s appeal regarding the 2024 budget on Thursday, October 10, 2024.
The trial court, in January 2024, upheld the suit filed by the Assembly and Speaker Martin Amaewhule against Fubara, which sought an order restraining the governor from frustrating the Assembly under Amaewhule’s leadership as Speaker, among other issues.
In January 2024, the trial judge, James Omotosho, ruled that all actions taken by the four lawmakers led by Edison Ehie were null and void.
He, therefore, sought:
“An order of injunction restraining the 1st to 10th defendants (NASS) from entertaining any request from the 11th defendant (Fubara) to take over the functions of the Rivers Assembly, including its legislative responsibilities.
“An order restraining Fubara, along with the 12th, 13th, and 14th defendants, from withholding funds meant for the Rivers Assembly from the state’s Consolidated Revenue Fund, including salaries and emoluments due to the Speaker, Deputy Speaker, other House members, and Assembly staff.”
The judge noted that the governor’s legal team had withdrawn all his filings in the case, effectively admitting all the facts stated by the plaintiffs.
Based on the presented evidence, the judge ruled that Amaewhule remained the valid Speaker of the Rivers State House of Assembly.
The judge also stated that the governor cannot withhold funds legally due to the lawmakers from the state’s Consolidated Revenue Fund.
Furthermore, the court restrained the National Assembly from accepting any request from the governor regarding the takeover of the Rivers Assembly’s legislative functions.
Following this judgment, the parties appealed.
Ruling on the submissions, the appeal court held that records showed the governor had withdrawn all filings at the trial court, stating: “A party cannot approbate and reprobate.”
The appeal court concluded that the governor’s lack of contention in the trial court rendered his appeal meritless.
Additionally, the appeal court ruled that the governor violated the 1999 Constitution by encouraging four members of the Assembly to pass a budget, stating that a small group of lawmakers cannot pass a budget under constitutional law.
Additionally, the appeal court ruled that the governor violated the 1999 Constitution by encouraging four members of the Assembly to pass a budget, stating that a small group of lawmakers cannot pass a budget under constitutional law.
“The challenges raised in the appeal by the appellant are self-inflicted,” the court remarked, describing the governor’s decision to sign the bill as an “act of indiscipline.”
The appeal court dismissed the appeal, stating:
“This appeal lacks merit and is accordingly dismissed. The judgment of the trial court is hereby affirmed.”
Following this ruling, the parties finally appealed to the Supreme Court.
Reacting to the ruling, Edison Ehie stated that the dismissed appeal pertained to the 2024 budget, which, according to him, “is no longer relevant because the monies appropriated therein have already been judiciously spent for the benefit of the good people of Rivers State.”
“The 2024 budget expired on December 31, 2024, at the end of the fiscal year. The appeal is of no further relevance in 2025, which has its own budget,” he stated.
On December 13, 2023 during the political crisis in Rivers State, Governor Fubara presented an N800 billion 2024 Appropriation Bill to a faction of the state House of Assembly, comprising four lawmakers.
Following this, Rivers State’s House of Assembly became factionalized after 27 lawmakers loyal to former governor Nyesom Wike moved to impeach Fubara.