The Court of Appeal in Abuja has upheld the January 22 ruling by Justice James Omotosho of the Federal High Court, which invalidated the N800 billion 2024 budget passed by four members of the Rivers State House of Assembly.
In a judgment delivered on Thursday, a three-member panel led by Justice Joseph Oyewole concluded that the appeal filed by Rivers State Governor Siminalayi Fubara against the January 22 ruling was without merit. Justice Oyewole, who penned and read the lead judgment, stated that the governor could not appeal a decision after having previously withdrawn all documents related to the case in the trial court.
The court found that by retracting his earlier submissions, Governor Fubara effectively conceded to all allegations presented by the plaintiffs. Consequently, the appellate court dismissed his appeal on the grounds of insufficient merit.
The court noted that Governor Fubara’s withdrawal of his counter-affidavit in the lower court barred him from initiating an appeal in a case he did not contest at the trial level. The panel emphasized that the governor should adhere to the rule of law rather than resort to the rule of might.
Furthermore, the court criticized the state of affairs within the Rivers State House of Assembly, describing it as an executive dictatorship under the governor and a farce taken too far.
Justice Omotosho, in his January 22 ruling, described the passage of the Rivers State 2024 Appropriation Bill by the five lawmakers, led by Ehie Edison, as an aberration and an illegality. He ordered Governor Fubara to resubmit the budget to the Assembly led by Martins Amaewhule.
