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PORT HARCOURT – Mixed reactions have greeted the Supreme Court’s ruling dismissing the appeal filed by the Rivers State Governor, Sir Siminalayi Fubara challenging an appeal Court judgment mandating him to represent the 2024 budget before the Martin Amaehwule-led Rivers State House of Assembly.
The apex court in its ruling delivered by Justice Musa Uwani-Aba-Aji, hinged its decision on the ground that Governor Fubara withdrew his appeal through his lead counsel, Yusuf Ali SAN.
Fubara’s counsel had informed a 3-man panel that events had overtaken his suit, hence the request for the withdrawal, an application that was not opposed by the Martin Amaehwule-led Rivers State House of Assembly, who were represented by Chief Wole Olanipekun SAN.
The Monday ruling has however triggered celebrations among supporters of the Minister of Federal Capital Territory, Nyesom Wike, and the embattled 25 pro-Wike lawmakers in Rivers State.
The embattled Rivers lawmakers have asserted that the coast had been cleared for them to take over the House of Assembly.
Reacting to the ruling, the Rivers State Government clarified that the apex Court’s decision was about the lower judgment that mandated gov Fubara to re-present the 2024 budget before the Martins Amaewhule-led Assembly, stressing that the case challenging the leadership of the State Assembly and the membership of the 25 embattled lawmakers who defected in December 2023 is still before the Supreme Court.
Speaking on behalf of the state government, the Chief of Staff, Edison Ehie, said since the 2024 budget has been spent, Gov. Fubara thought it wise to withdraw his appeal against the judgement because it will be a mere academic exercise to dwell on the matter.
He said, “This appeal SC/CV/1071/ 2024: GOV of Rivers State v Rivers State House of Assembly & Ors that came up today at the Supreme Court has become purely academic.
“The case leading to this appeal was before James Omotosho as SUIT NO. FHC/ABJ/CS/1613/2023. It was filed on the 29th day of November 2023.
“SUIT NO. FHC/ABJ/CS/1613/2023 pertains to the 2024 budget, which is no longer alive, the monies appropriated therein having been judiciously spent for the benefit of the good people of Rivers State.
“The 2024 budget became spent on the 31st December of the 2024 fiscal year. The appeal is of no useful purpose in this year 2025, which has its budget. The only reasonable thing left to do in the circumstances was to withdraw the appeal and have it dismissed.
“It would be most unwise to belabour the Honourable Court with academic appeals without any practical or utilitarian value.
“It is important to note that after Suit No. FHC/ABJ/CS/1613/2023 was filed on 29th November 2023, Martin Chike and his 26 friends defected from PDP to APC on the 11th Day of December 2023. Their seats in the Rivers State House of Assembly became vacant.
“This appeal that was withdrawn today has nothing to do with the seats of Martin Chike Amaewhule and his 26 friends in the Rivers State House of Assembly. The members of the public should not be taken in by the misleading propaganda by Martin Chike Amaewhule and his 26 friends.”
Also reacting to the ruling, the Rivers State Commissioner for Information and Communication, Warisenibo Joseph Johnson said the appeal amounted to no useful purpose as the 2024 budget became spent on the 31st December of 2024 fiscal year, adding that the only reasonable thing left to do was to withdraw the appeal and have it dismissed.
The Commissioner said, “There was no Supreme court judgment against Gov. Fubara, ignore the outdated political propaganda by some desperate politicians.
“The Supreme Court is a very busy court. It will be most unwise to belabour the Honourable Court with academic appeals without any practical or utilitarian value.
“Supreme Court ruled on the Appeal over the 2024 budget voluntarily withdrawn by Gov. Fubara because 2024 budget cycle have ended and no need wasting time discussing a budget that have been fully spent and implemented.”
He maintained that Rt. Hon Victor Oko Jumbo remains the authentic speaker of the Rivers State House of Assembly and nothing can change that.
Earlier, the Speaker of the embattled 27 pro-Wike lawmakers, Rt. Hon. Martin Chike Amaewhule, had commended the five-man panel of Justices of the Supreme Court for upholding justice and reaffirming the rule of law.
Amaewhule, expressed gratitude to the FCT Minister and other leaders of State who have supported the throughout this period throughout the period of the crisis.
“The Supreme Court has spoken, and the people of Rivers State are elated with this judgement,”
The embattled Speaker condemned the Governor’s refusal to provide the Assembly with its statutory entitlements for nearly a year, stressing that the Governor thought they would starve, stating that “today’s judgment has strengthened our resolve and hope in the judiciary.”
He accused Governor Fubara of consistently disregarding court orders, warning that all eyes are now on him to see whether he will disobey the Supreme Court’s verdict.
He stressed that the Governor has been spending taxpayers’ money for a year without appropriation, in clear defiance of the Federal High Court and Court of Appeal Judgements. “Today’s judgment confirms that Governor Fubara has been in gross violation of the 1999 Constitution as amended.”
Recall that the Court of Appeal had, on Thursday, October 10, 2024, dismissed Fubara’s appeal on the same matter.
Similarly, the Federal High Court in Abuja, presided over by Justice James Omotosho on January 22, 2024, nullified the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly.
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