The Court of Appeal, Abuja, Thursday, dismissed an appeal by Rivers State Governor, Siminalayi Fubara, challenging the nullification of the state’s 2024 budget.
Fubara had presented a N800 billion budget entitled: Budget of Renewed Hope, Consolidation and Continuity to the lawmakers led by the Edison Ehie, who passed it into law in December 2023.
But, a faction loyal to the Minister of Federal Capital Territory (FCT), Nyesom Wike, rejected the action of pro-Fubara lawmakers, describing it as illegal.
They filed a suit before a Federal High Court in Abuja, demanding that the act be declared null and void.
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In his judgement, Justice James Omotosho nullified the budget passed by pro-Fubara lawmakers and set aside the presentation and passage of the Rivers State 2024 budget.
The judge ordered Fubara to re-present the budget to the Martin Amaewhule House of Assembly loyal to Wike.
The governor rejected the verdict and headed for the Appeal Court.
In a unanimous judgment, a three-member panel of justices of Appeal Court dismissed the appeal filed by Fubara for lacking merit.
The panel of Justices upheld the judgment delivered by Omotosho.
The court had declared that Fubara, having withdrawn his counter affidavits and other processes filed at the lower court, cannot come by way of appeal to revive a matter that had been terminated.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.
‘‘You cannot place something on nothing,’’ the appellate court declared.
The panel, therefore, ordered Fubara to pay each of the 13 respondents the sum of N500,000.
Recall that in September 2024, a Rivers State High Court in Port Harcourt made a decisive ruling, barring the Speaker of the state Assembly, aligned with Chief Wike, and 24 other lawmakers from functioning as members of the Rivers State House of Assembly.
The court, in a case bearing the suit number PHC/1512/CS/2024, acted upon a petition filed by Victor Oko Jumbo, the Speaker of the Rivers State House of Assembly, alongside Sokari Goodboy and Orubienimigha Timothy, both members of the Assembly.
