The Supreme Court has dismissed an appeal by Rivers State governor, Siminalayi Fubara against the judgment of the Appeal Court which declared the 2024 budget illegal on account of it being presented to a four-member State House of Assembly.
This decision by Nigeria’s apex court followed the withdrawal of the suit by Fubara’s counsel, Yusuf Ali.
In addition to dismissing the appeal, the Justice Uwani Abba-Aji-led five-member Supreme Court panel awarded the cost of two million each in favour of the Rivers State Assembly and Martins Amaewhule, against Fubara.
After Ali informed the Court of a notice of withdrawal, Wole Olanipekun, counsel of the Rivers State Assembly, while not opposing said the matter has gone beyond the point of withdrawal. He stated that documents have been exchanged by counsels in the matter and issues have been joined.
At that point, Olanipekun said Fubara’s appeal should be dismissed rather than struck out. The implication of this being that once dismissed same case can never resurface again. He also prayed the Court to award the cost of N2million fine against the Rivers State governor.
On his part, Joseph Daudu who is counsel of Martins Amaewhule the factional speaker of the Rivers State House of Assembly informed the Court that Fubara was constrained to withdraw his suit because it has been overtaken by events. He aligned with the prayers of Wole Olanipekun on the dismissal of the case and imposition of fine.
The five-member Supreme Court panel thereby dismissed Fubara’s appeal and awarded cost in favour of the Rivers State Assembly and Martins Amaewhule.
Governor Fubara had submitted the 2024 budget to the Edison Ehie-led House of Assembly in December 2023. A Federal High Court Judge, James Omotosho, then nullified the passage of the Rivers State 2024 budget insisting it to ought to have been presented to a fuller State House of Assembly. This judgment was on January 22, 2024.
The Appeal Court in Abuja subsequently delivered a ruling on October 10, 2024, upholding the Federal High Court’s judgment that nullified the passage of the Rivers State 2024 budget.
At the heart of this controversy is whether the seats of Amaewhule and 26 other members of the Rivers State Assembly be declared vacant on account of their allegedly resigning their membership of the Peoples Democratic Party PDP to join the All Progressives Congress, APC.
This change of party loyalty, analysts have said, is an offshoot of a power play between former Rivers State Governor, Nyesome Wike and his estranged Godson and current Rivers State governor, Siminalayi Fubara.
