THE Abuja division of the Court of Appeal has affirmed the judgment of a Federal High Court which set aside the N800 billion budget passed by five members of the Rivers State House of Assembly which was led by Edison Ehie-led.
The appellate court earlier today 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 did not challenge at the trial stage.
In the unanimous judgement, the court held that Governor Fubara is expected to apply the rule of law and not the rule of might.
The court further held that the situation in Rivers State House of Assembly is an executive dictatorship by the governor and a joke taken too far.
Justice James Omotosho of a Federal High Court had in January 2024, upheld the suit filed by the Assembly and Speaker Martin Amaewhule against Governor Fubara, which sought an order of injunction restraining the governor from frustrating the Assembly under his leadership as Speaker, among other issues.
It will be recalled that Justice Omotosho had in January held that everything done by the four lawmakers led by Edison Ehie was null and void.
The court also recognized Amaewhule as the Speaker of the state Assembly.
The counsel for Amaewhule, Ken Njemanze, accused Governor Fubara of interfering with the performance and functions of the state lawmakers, contrary to the doctrine of the separation of powers.
He, therefore, sought an “order of injunction restraining the 1st to 10th defendants (NASS) from entertaining any request from the 11th defendant (Fubara) to take over the performance of the functions of the Rivers Assembly, including its role in making laws for the peace, order, and good government of Rivers regarding matters that fall within its constitutional and legislative competence.”
He also sought “an order restraining Fubara, along with the 12th, 13th, and 14th defendants, from withholding any amount standing to the credit of the Rivers Assembly in the state’s Consolidated Revenue Fund, including salaries and emoluments due and payable to the Speaker, Deputy Speaker, and other members of the House, as well as to the Clerk, Deputy Clerk, and other staff of the Assembly.”
The judge observed that the governor’s legal team had withdrawn all his processes in the matter, indicating that he admitted all the facts stated by the plaintiffs.
The judge held that based on the facts before the court, Amaewhule remained the valid Speaker of the Rivers State Assembly.
The judge stated that the purported sitting of Ehie and the four other lawmakers who passed the state budget was null and void.
Justice Omotosho held that it was strange that the governor would destroy the Rivers State Assembly building and present an appropriation bill to five lawmakers.
He declared the presentation of the bill to the five lawmakers void.
The judge granted the order, setting aside the purported Appropriation Bill signed despite the interim order of the court restraining him.
The judge declared that the governor of Rivers State, either by himself or through members of the staff of the Rivers State Public Service, is not entitled to take steps aimed at interfering with the affairs of the Rivers State House of Assembly and the Speaker in the performance of their duties.
The judge noted that the governor cannot withhold the due funds of the lawmakers in the state’s Consolidated Revenue Fund.
The judge subsequently restrained the National Assembly from accepting any requests from the governor.
Following the trial court’s judgment, the parties appealed.
The governor’s legal team argued that the grounds of appeal challenged the jurisdiction of the trial court, asserting that any aggrieved party can still appeal a trial court judgment.
However, Amaewhule’s legal team contended that an appeal cannot be initiated by any party that is not affected by the proceedings, especially one that had withdrawn its contention at the lower court.
Ruling on their submissions, the appeal court held that records of appeal show that the governor withdrew all processes filed at the trial court, stating, “A party cannot appro are and reprobate.”
The appeal court held that the lack of contention in the court action at the trial court made his case meritless.
“What the trial judge did was to give life by preserving the sanctity of the judicial process,” the appeal court stated, noting that the governor’s failure to contest at the trial court indicates an admission of its judgment.
Furthermore, the appeal court ruled that by encouraging four members of the Assembly to pass a budget, the governor violated the 1999 Constitution, which barred very few legislators from passing a budget.
“The challenges of the appeal by the appellant are self-inflicted,” the appeal court remarked, saying it was an act of indiscipline for the governor to sign the purported bill.
“This appeal is bereft of merit and is accordingly dismissed. The judgment of the trial court is hereby affirmed,” the appeal court concluded, ordering Fubara to pay over ten respondents N500,000 each as costs.
Recall that on 13 December 13, during the protracted political crisis in Rivers State, Governor Fubara had presented an N800 billion 2024 Appropriation Bill to a faction of the state House of Assembly, comprising four lawmakers.
The presentation occurred at the Government House in Port Harcourt, following the demolition of the Assembly Complex by the state government and after a court restrained Ehie’s contender, Martins Amaewhule, from using the Assembly Complex.
Ehie and the other pro-Fubara lawmakers passed the budget estimates, and the governor subsequently signed the bill into law, stating it aimed to promote economic development through inclusive growth and address socio-economic inequality in the state.
Following the passage of the budget by the lawmakers, Fubara subsequently signed it into law.
The Rivers Assembly became factionalized following a move by 27 lawmakers loyal to ex-governor Nyesom Wike to impeach Fubara.
Eighteen-Eleven Media