2024 Budget presentation: Court dismisses Fubara’s appeal

The Court of Appeal in Abuja, on Thursday, dismissed an appeal filed by Governor Siminalayi Fubara of Rivers State to challenge the lower court judgement affirming Martin Amaewhule-led Rivers House of Assembly.
A three-member panel of justices, in a unanimous judgement, held that the appeal was bereft of merit.
The panel, upheld the judgement delivered by Justice James Omotosho of a Federal High Court in Abuja on January 22.
The court had declared that Fubara, having withdrawn his counter affidavits and other processes filed at the lower court, cannot come by way of appeal to revive a matter that had been terminated.
The court held that since the appellant (Fubara) did not challenge all the facts presented by the respondents (the house of assembly and the 12 pro-Wike lawmakers) at the lower court, it meant that those facts stand unchallenged.
The court held that since the appellant (Fubara) did not challenge all the facts presented by the respondents (the house of assembly and the 12 pro-Wike lawmakers) at the lower court, it meant that those facts stand unchallenged.
According to the appellate court, you cannot place something on nothing.
The panel, who dismissed the appeal, ordered Fubara to pay each of the 13 respondents the sum of N500, 000 each.
Justice Omotosho had, on January 22, set aside the Rivers’ N800 billion budget passed by five members of the house led by the Edison Ehie-led faction.
Justice James Omotosho, in a judgement, held that the presentation of the appropriation bill by Fubara on December 13, 2023 and its passage by the lawmakers amounted to nullity following an interim order made by the court on November 30, 2023.
Justice Omotosho, who made an order of injunction restraining Fubara and other defendants from interfering with the state’s assembly led by Amaewhule, held that the passage of the bill into law was a wilful breach of the court order.
The judge also stopped the governor or any members of the state executive arm from appointing or reposting any person as a clerk or deputy clerk of the assembly in contravention with the laws governing the Rivers State House of Assembly Service Commission.
He further made an order restraining the National Assembly from taking over the state’s assembly.
Justice Omotosho held that the decision of the court was premised on the earlier order made on November 30, 2023 and the facts that Fubara, who was 11th defendant in the case, withdrew his processes in opposition to the plaintiffs’ originating motion.
Having withdrawn his counter affidavit and other processes in this case, the judge said, it is deemed that the governor has admitted the facts in the motion since it was not challenged. The Rivers House of Assembly and Amaewhule are 1st and 2nd plaintiffs in the suit marked: FHC/ABJ/CS/1613/2023.
In the amended originating summons dated Dec. 7, 2023 but filed Dec. 11, 2023 by their team of lawyers including Ken Njemanze, SAN, Ferdinand Orbih, SAN, among others, the plaintiffs sued the NASS, Senate President, Deputy Senate President, Senate Majority Leader, Senate Minority Leader as 1st to 5th defendants respectively.
Also joined in the suit include House of Representatives Speaker, House Deputy Speaker, House Majority Leader, House Minority Leader, Clerk to NASS as 6th to 10th defendants.
They also sued Governor of Rivers, Attorney-General of Rivers, Commissioner of Finance, Accountant-General of Rivers, Rivers Civil Service Commission, Inspector-General (I-G) of Police and Edison Ehie, who is also listed as Rivers Assembly’s Speaker in the suit, as 11th to 17th defendants respectively.
The plaintiffs sought an order directing all parties to maintain status quo as at Nov. 29, 202
They also a sought an order of injunction restran‘ng the 1st to 10th defendants (NASS) from entertaining any request from Fubara to take over the performance of the functions of Rivers Assembly, including its role to make laws for the peace, order and good government of Rivers in respect of matters that are within its constitutional and legislative competence.
“AN ORDER OF MANDATORY INJUNCTION compelling the Inspector General of Police (whether by himself or by officers and men of the Nigeria Police Force under his command) to provide and continue to provide adequate Security and protection for the 1* Plaintiff under the leadership of the 2” Plaintiff as the Speaker of the Rivers State House of Assembly for the purpose of transacting the business of the 1% Plaintiff.
They sought an order of injunction restraining Fubara from impeding or frustrating the assembly under Amaewhule’s leadership as its speaker.