S’court dismisses appeal against verdict voiding Rivers budget as Fubara withdraws case

The supreme court has dismissed the appeal filed by Siminalayi Fubara, governor of Rivers, against the judgment that voided the presentation and passage of the 2024 budget of the state.

The five-member panel of the apex court on Monday awarded a cost of N4 million against the governor, to be paid to the Rivers house of assembly and Martin Amaewhule, the factional speaker of the assembly.

Earlier, the Rivers governor withdrew the appeal at the apex court for being “overtaken by events”.

During the court proceedings, Bode Olanipekun, counsel to Amaewhule, did not oppose the request to withdraw the appeal filed by Fubara.

Olanipekun argued that the appeal should be dismissed since parties in the suit have filed and exchanged their brief of arguments.

Since the parties in the suit did not oppose the withdrawal, the apex court dismissed the appeal and awarded costs against Fubara.

Before the dismissal, the supreme court was handling five appeals pertaining to the conflict between Fubara and the Amaewhule-led faction of the Rivers assembly.

The development means that the apex court would still have to render judgment on four remaining appeals or consolidate them.

The remaining appeal border on the legality of the Amaewhule-led faction of the Rivers house of assembly, the legality of the LGA election conducted on October 5 and the order restraining the Central Bank of Nigeria (CBN) from further disbursing financial allocations to the state government.

BACKGROUND

In December 2023, Fubara presented the 2024 budget to only five lawmakers who belonged to the Edison Ehie-led faction of the assembly.

In January 2024, a federal high court in Abuja voided and set aside the presentation and passage of the Rivers 2024 budget.

James Omotoso, the presiding judge, had ordered Fubara to re-present the budget to the “legally” constituted house of assembly under Amaewhule.

In October 2024, a court of appeal in Abuja affirmed the judgment of the federal high court that voided the presentation and passage of the 2024 budget for Rivers state.