Court Of Appeal Upholds Nullification Of Rivers 2024 Budget Passed By 4 Lawmakers
The Court of Appeal in Abuja has affirmed the January 22 judgment by Justice James Omotosho of the Federal High Court in Abuja nullifying the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly.
In a judgment on Thursday, a three-member panel of the appellate court, led by Justice Joseph Oyewole, held that the appeal filed by the River State Governor against the January 22 judgment was unmeritorious. Justice Oyewole, who authored and read the lead judgment, held that, having failed to challenge the case at the trial court, by withdrawing all the processes (documents) he filed against the suit, cannot turn around to now seek to appeal the judgment.
The appellate court on Thursday dismissed the appeal filed by the Governor of Rivers State Siminalayi 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 did not challenge at the trial stage.
In the unanimous judgement, the court said that Governor Fubara is expected to apply the rule of law and not the rule of might.
The court further says that the situation in Rivers State House of Assembly is an executive dictatorship by the governor and a joke taken too far.
Justice Omotosho had nullified the 2024 Rivers budget passed by pro-Fubara lawmakers and set aside the presentation and passage of the Rivers State 2024 budget.
In the judgment delivered Omotoso ordered Siminalayi Fubara, Rivers governor, to re-present the budget to the legally constituted House of Assembly under Martin Amaewhule.
Fubara had presented the budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’ of N800 billion to five out of the over 30 lawmakers of the state house of assembly in December 2023.
In the judgment, Justice Omotoso ordered Fubara to release all funds accruable to the Rivers House of Assembly and barred the governor from interfering with the activities of the assembly.
The court also nullified the redeployment of the clerk and deputy clerk of the state assembly by the state’s head of civil service.
The 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.
The court further ruled that the inspector-general of police and the Nigeria Police Force were duty-bound to continue to provide security for all Rivers citizens, including members of the state assembly.
The court also ordered a pause on the planned demolition and reconstruction of the Rivers State Assembly complex.
Justice Omotosho had nullified the 2024 Rivers budget passed by pro-Fubara lawmakers and set aside the presentation and passage of the Rivers State 2024 budget.
In the judgment delivered Omotoso ordered Siminalayi Fubara, Rivers governor, to re-present the budget to the legally constituted House of Assembly under Martin Amaewhule.
Fubara had presented the budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’ of N800 billion to five out of the over 30 lawmakers of the state house of assembly in December 2023.
In the judgment, Justice Omotoso ordered Fubara to release all funds accruable to the Rivers House of Assembly and barred the governor from interfering with the activities of the assembly.
The court also nullified the redeployment of the clerk and deputy clerk of the state assembly by the state’s head of civil service.
The 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.
The court further ruled that the inspector-general of police and the Nigeria Police Force were duty-bound to continue to provide security for all Rivers citizens, including members of the state assembly.
The court also ordered a pause on the planned demolition and reconstruction of the Rivers State Assembly complex.
