A legal setback for Rivers State Governor Siminalayi Fubara has significant implications for the state's 2024 budget.
According to Daily Post Nigeria, the Court of Appeal in Abuja dismissed Governor Siminalayi Fubara's appeal to remove 27 lawmakers who defected from PDP to APC. The ruling also upholds a prior judgment nullifying the state's 2024 budget.
The court's decision, delivered on Thursday, upholds a previous Federal High Court judgment that nullified the passage of the state's N800 billion 2024 budget.
Justice Joseph Olubunmi Kayode Oyewole, who delivered the lead judgment, stated that Governor Fubara had no basis for the appeal after withdrawing his opposition to the case of the 27 pro-Wike lawmakers at the Federal High Court. The court found that Fubara's withdrawal from the initial case left him without grounds to claim a grievance against the Federal High Court's judgment.
The Appellate Court's ruling extends beyond dismissing the appeal. It also bars Governor Fubara from intervening in the affairs of the House of Assembly under Rt. Hon. Amaehule Martins. Additionally, the governor is prohibited from withholding funds meant for the House of Assembly and from removing or redeploying the Clerk and Deputy Clerk.
In a significant directive, the Court of Appeal ordered Governor Fubara to re-present the 2024 budget of the State to the House under the recognized Speaker, Amaehule Martins. This order aligns with the previous judgment of Justice James Omotosho of the Federal High Court.
Justice Oyewole criticized Fubara's actions, describing his withdrawal from the suit at the Federal High Court as a "blunder" that cannot be rectified through legal advocacy. The judge also pointed out that the governor's appeal lacked "utilitarian value" and could not confer any advantage to him, given his prior admission of allegations and voluntary withdrawal from the suit.
The court took a strong stance against Governor Fubara's presentation of the Rivers 2024 budget to only four out of 32 members of the House and its subsequent passage. Justice Oyewole declared this action illegal and unsuitable for a democratic setting.
The judge stated:
It is a notorious fact that facts, claims, and allegations not challenged and not disputed are deemed admitted in law. The governor was alleged to have demolished parts of the House of Assembly, redeployed the Clerk and Deputy Clerk of the House, and yet none of the allegations was disputed.
Furthermore, the court criticized Fubara for what it termed "executive recklessness" in presenting and signing the budget into law within 24 hours, despite an existing court order restraining him from taking actions regarding the House of Assembly during the pendency of the suit.
The Court of Appeal's decision reinforces the earlier judgment by the Federal High Court in Abuja, which on January 22, 2024, nullified the passage of Rivers State's 2024 budget by four members of the House of Assembly. That ruling had described the bill's passage as "an aberration and illegality."
Justice Omotosho of the Federal High Court had previously issued an interim order restraining Governor Fubara from obstructing the pro-Wike legislators from carrying out their constitutional duties. The order also prevented the governor from removing or redeploying the Clerk of the Assembly and withholding funds meant for the Assembly.
In conclusion, the Court of Appeal's dismissal of Governor Fubara's case affirms the nullification of the Rivers State 2024 budget passage. The ruling bars the governor from interfering with the House of Assembly, order the re-presentation of the budget and criticizes the previous budget presentation to only four lawmakers as illegal.
