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.
He held that by withdrawing all his processes earlier filed against the suit at the trial court, he conceded to all the allegations made against him and all the facts as stated by the plaintiffs. The appellate court 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 didn’t challenge at the trial stage. The appellate court added 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, in the January 22 judgment, described the passage of the Rivers State’s 2024 Appropriation Bill by the five lawmakers, led by Ehie Edison, as an aberration and illegality. He consequently ordered Governor Fubara to represent the budget to the Martins Amaewhule-led Assembly.