Mr Viral
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.
Nairametrics 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.
What Transpired at the Trial and Appeal Court 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.
The court also recognized Amaewhule as the Speaker of the state Assembly.The counsel for Amaewhule, Ken Njemanze, had accused Governor Fubara of interfering with the functions of the state lawmakers, contrary to the doctrine of the separation of powers.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The judge noted that the governor’s legal team had withdrawn all his filings in the case, effectively admitting all the facts stated by the plaintiffs.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 further declared that the sitting of Ehie and the four other lawmakers who passed the state budget was null and void.Omotosho criticized the governor’s decision to destroy the Rivers State Assembly building and present an appropriation bill to just five lawmakers, declaring the process void.The court granted an order setting aside the purported Appropriation Bill signed despite the interim order restraining him.Additionally, the court ruled that the governor of Rivers State, either personally or through members of the Rivers State Public Service, cannot interfere with the affairs of the Rivers State House of Assembly or the Speaker in the performance of their duties.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.
The governor’s legal team argued that the appeal challenged the trial court’s jurisdiction, asserting that any aggrieved party has the right to appeal a trial court judgment.However, Amaewhule’s legal team contended that an appeal cannot be initiated by a party that had previously withdrawn its contention at the lower court.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.
“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.
What Transpired at the Supreme Court At the resumed proceedings on Monday, Fubara’s lead counsel, Yusuf Ali, SAN, announced that his client had decided to withdraw the appeal.His grounds for withdrawal were that his suit “has been overtaken by events.”Chief Wole Olanipekun, SAN, representing the Martin Amaewhule-led Rivers State House of Assembly and its Speaker, did not oppose the application for withdrawal.However, Olanipekun urged the court to dismiss the suit because legal issues had already been joined by the parties.After hearing from both sides, Justice Uwani Aba-Aji dismissed the appeal.Rivers Governor’s CoS Reacts 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.
He added that the only reasonable action left was to withdraw the appeal “and have it dismissed.”Ehie clarified that the withdrawn appeal had nothing to do with the case concerning the seats of Martin Chike Amaewhule and his 26 allies in the Rivers State House of Assembly, emphasizing that the appeal on their defection was still pending.What You Should KnowOn 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.
The presentation took place at the Government House in Port Harcourt after the state government demolished the Assembly Complex and after a court restrained Martins Amaewhule from using the Assembly Complex.Ehie and the pro-Fubara lawmakers passed the budget, and the governor subsequently signed it into law, stating that it aimed to drive economic development and reduce socio-economic inequality in the state.Following this, Rivers State’s House of Assembly became factionalized after 27 lawmakers loyal to former governor Nyesom Wike moved to impeach Fubara.
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