2024 budget: Supreme Court dismisses Fubara’s appeal against Amaewhule-led Assembly

A five-man panel of the Supreme Court led by Justice Uwani Abba-Aji has dismissed the appeal filed by the Governor of Rivers State, Siminalayi Fubara, challenging the leadership of the Rivers State House of Assembly led by Martin Amaewhule.

Justice Uwani Abba-Aji while dismissing the appeal awarded a cost of two million naira against the governor payable to the Rivers State House of Assembly as the first respondent and Martin Amaewhule as the second respondent.

The dismissal of the appeal by Fubara was hinged on the withdrawal of the suit by his counsel, Yusuf Ali.

Ali based the notice of withdrawal of the appeal dated 6th February 2025 and brought pursuant to Order II Rule 14 of the Supreme Court Rules 2024 on the grounds that, the appeal has been overtaken by events.

In his response, Chief Wole Olanipekun, SAN who represented the Rivers State House of Assembly and its Speaker, Rt Hon Martins Amaewhule, who were the 1st and 2nd respondents in the appeal, said, he was not opposing the application for withdrawal of the appeal but however asked for a cost of N2 million and prayed the court to dismiss the appeal instead of striking it out.

Counsel to the 3rd to 12th respondents in the appeal, Joseph Daudu, SAN also did not oppose the application for withdrawal. He also asked for a N2 million cost since issues have been joined by parties in the appeal.

Following a no objection by the respondents, the five-member panel of Justices of the e Apex Court led by Justice Musa Uwani-Aba-Aji dismissed the appeal and awarded a cost of N2 million to be paid to 1st to 12th respondents by Governor Fubara.

It would be recalled that the appellate court had in its judgement, affirmed the January 22 judgment of the Federal High Court Abuja which nullified the passage of the Rivers State’s N800 billion 2024 budget by four members of the State House of Assembly.

The Governor, in the 13 grounds of appeal brought also sought for the removal of 27 members of the State House of Assembly on account of their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

But, Justice Oyewole held that, having failed to challenge the case at the trial court, by withdrawing all the processes (documents) the appellant (Governor Fubara) filed against the suit, cannot turn around to now seek to appeal the judgment.

The court held that Fubara has no basis to bring out the appeal having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court adding that, the governor, having withdrawn from the case cannot claim to be aggrieved with the well-considered judgment of the Federal High Court.

Consequently, the Court barred Fubara from intervening with affairs of the House of Assembly which has Rt Hon. Martin Amaewhule as Speaker, withholding the House of Assembly’s fund and removing the Clerk and Deputy Clerk from the House.

The appellate Court also ordered the Rivers state governor to re-present the budget of the State to the House of Assembly under the recognized Speaker as contained in the judgment of Justice James Omotosho of the Federal High Court, Abuja

Justice Oyewole said Fubara’s withdrawal of the processes he filed in the suit at the trial court cannot be redeemed by any known advocacy and held that Fubara’s appeal has no value as it cannot confer any advantage on him, having lost his legal rights by admitting all issues raised against him cannot ask the Court of Appeal to set aside the decision of the trial court.

“The challenges faced by the appellant in this case are self-made. The orders made by the lower court are based on the facts presented before it, which were not countered by the Appellant.

“The legislature represents the fulcrum of democracy and must be jealousy protected”, Justice Oyewole held and added that, by coming to the court, Governor Fubara was approbating and reprobating and blowing hot and cold at the same time and that, such conduct had no basis in law as parties must be consistent in their approach to court matters.

He, therefore, voided and set aside the passage of the 2024 budget by four out of the 31 members of the Rivers State House of Assembly on the ground of illegality that must not be allowed in a democratic setting.

The court also held that Fubara engaged in executive recklessness that is unknown to law by presenting the budget to only four members of the House and signing same to law under 24 hours.

“In totality, this appeal lacks merit and is accordingly dismissed. The judgement of the Federal High Court in Abuja is hereby upheld,” Justice Oyewole held and awarded a cost of N500,000. 00 against the appellant to be paid to the defendants in the appeal marked, CA/ABJ/CV/133/2024.

It would be recalled that the trial court had nullified the 2024 Rivers budget passed by pro-Fubara lawmakers led by Edison Ehie and set aside the presentation and passage of the Rivers state 2024 budget.

Fubara presented the budget titled, ‘Budget of Renewed Hope, Consolidation and Continuity’, of N800 billion to four out of 31 lawmakers of the state House of Assembly in December 2023.

In the judgment, Justice Omotosho ordered Fubara to release all funds accruable to the Rivers House of Assembly, barred the governor from interfering with the activities of the Assembly and also nullified the redeployment of the clerk and deputy clerk of the State Assembly by the state’s head of civil service.

The trial Judge held that the appointment of a clerk and deputy clerk is the responsibility of the Speaker, as contained in the Rivers State Assembly Service Commission law and further ruled that the Inspector General of Police and the Nigeria Police Force were duty-bound to continue to provide security for all Rivers state citizens, including members of the State House of Assembly.

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