The Court of Appeal sitting in Abuja Thursday affirmed the earlier judgment of a lower court which nullified the passage of the Rivers state 2024 budget by four members of the state assembly.
In a judgment by the three-member panel of the appellate court, led by Justice Joseph Oyewole, the panel held that the appeal filed by Governor Simi Fubara against the January 22 judgment was unmeritorious.
Justice Oyewole, the lead Judge, while nullifying the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly added: “Having failed to challenge the case at the trial court by withdrawing all the processes (documents) he filed against the suit, he cannot turn around to now seek to appeal the judgment.”
Earlier, Justice Omotoso had in a judgment ordered Fubara to release all funds accruable to the Rivers state House of Assembly and also barred him from interfering with the activities of the assembly.
Similarly, the Judge also set aside the presentation and passage of the Rivers state 2024 budget.
Justice Omotoso in the lead judgment ordered Fubara to re-present the budget to the legally constituted House of Assembly led by Martin Amaewhule.
The court also nullified the redeployment of the clerk and deputy clerk of the state assembly by the state’s head of civil service.
The judge held that the appointment of a clerk and deputy clerk is the responsibility of the speaker, as contained in the Rivers State Assembly Service Commission law.
Further to that, the court equally ruled that the inspector general of police and the Nigeria Police Force were duty-bound to continue to provide security for all Rivers citizens, including members of the state assembly.
The court also ordered a stoppage of planned demolition and reconstruction of the Rivers State Assembly complex.
The national assembly was barred from taking over the Rivers Assembly or accepting or treating any request from the state governor.
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 the 11th defendant in the case, withdrew his processes in opposition to the plaintiffs’ originating motion.
The Rivers House of Assembly and Amaewhule are the 1st and 2nd plaintiffs in the suit.
In the amended originating summons dated December 7, 2023 but filed December 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, and Senate Minority Leader as 1st to 5th defendants, respectively.
Also joined in the suit are the House of Representatives Speaker, House Deputy Speaker, House Majority Leader, House Minority Leader, and Clerk to NASS as 6th to 10th defendants.
They also sued the Governor of Rivers, Attorney-General of Rivers, Commissioner of Finance, Accountant-General of Rivers, Rivers State Civil Service Commission, Inspector-General (I-G) of Police, and Rt. Honourable Edison Ehie, who is also listed as Rivers Assembly’s Speaker in the suit, as the 11th to 17th defendants, respectively.