The Court of Appeal in Abuja has upheld the Federal High Court’s ruling that invalidated the N800 billion budget passed by a minority faction of the Rivers State House of Assembly, led by Edison Ehie.
The appellate court dismissed an appeal from Governor Siminalayi Fubara, stating it lacked merit.
In a unanimous decision, the court highlighted that Governor Fubara withdrew his counter-affidavit in the lower court, which prevented him from launching an appeal on issues he did not contest during the trial. The judgment emphasized the importance of adhering to the rule of law rather than resorting to executive power.
The court criticized the current situation in the Rivers State House of Assembly as an “executive dictatorship” and stated that it had become a “joke taken too far.” Justice James Omotosho’s previous ruling had ordered Fubara to re-present the budget to the properly constituted Assembly under Speaker Martin Amaewhule.
Fubara’s budget, titled “Budget of Renewed Hope, Consolidation and Continuity,” was presented to only five of the over 30 lawmakers in December 2023. The court mandated Fubara to release all funds due to the Assembly and prohibited any interference with its activities.
Additionally, the court nullified the redeployment of the Assembly’s clerk and deputy clerk, affirming that such appointments are the prerogative of the Speaker as per the Rivers State Assembly Service Commission law. The Inspector-General of Police and the Nigeria Police Force were also ordered to ensure the security of all Rivers citizens, including Assembly members.
The court paused any plans for the demolition and reconstruction of the Rivers State Assembly complex, reinforcing the need for lawful governance.
