The Supreme Court has dismissed an appeal by Rivers State governor, Siminalayi Fubara against the judgment of the Appeal Court which declared the 2024 budget illegal on account of it being presented to a four-member State House of Assembly.
This decision by the apex court followed the withdrawal of the suit by Fubara’s counsel, Yusuf Ali.
One of the appeals amongst the five separate legal battles on the raging political leadership tussles in Rivers State, slated to be heard by the Supreme Court was dismissed on grounds of withdrawal.
In addition to dismissing the appeal, the Justice Uwani Abba-Aji-led five-member Supreme Court panel awarded the cost of two million Naira each in favour of the Rivers State Assembly and Martins Amaewhule, against Fubara.
After Fubara’s counsel Yusuf Ali informed the Court of a notice of withdrawal, counsel for the Rivers State Assembly, Wole Olanipekun, while not opposing the action, said the matter has gone beyond the point of withdrawal.
While moving for the appeal to be dismissed, Olanipekun stated that documents have been exchanged by counsels in the matter and issues have been joined.
On his part, Joseph Daudu, counsel for Martins Amaewhule informed the Court that Fubara was constrained to withdraw his suit because it has been overtaken by events. He aligned with the prayers of Wole Olanipekun on the dismissal of the case and imposition of fine.
The five-member Supreme Court panel thereby dismissed Fubara’s appeal and awarded cost in favour of the Rivers State Assembly and Martins Amaewhule.
The other appeals which were later consolidated were however reserved for judgment till a date that would be communicated to the parties.
Counsel for the defendant however say they will reserve comments till judgment is delivered in the appeals.
Governor Fubara had submitted the 2024 budget to the Edison Ehie-led House of Assembly in December 2023.
A Federal High Court Judge, James Omotosho, on January 22, 2024, nullified the passage of the Rivers State 2024 budget insisting that it ought to have been presented to a fuller State House of Assembly.
The Appeal Court in Abuja subsequently delivered a ruling on October 10, 2024, upholding the Federal High Court’s judgment that nullified the passage of the Rivers State 2024 budget
(Editors: Okechukwu Eze and Paul Akhagbemhe.)
