The Court of Appeal in Abuja has affirmed the January 22 judgement by Justice James Omotosho of the Federal High Court in Abuja nullifying the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly.

In a judgement delivered on Thursday, a three-member panel of the appellate court, led by Justice Joseph Oyewole, held that the appeal filed by the Governor against the January 22 judgement was unmeritorious.

Justice Oyewole, who prepared and read the lead judgement, held that having failed to challenge the case at the trial court by withdrawing all the processes (documents) he filed against the suit, he cannot turn around to now seek to appeal the judgement.

Justice James Omotosho had nullified the 2024 Rivers budget passed by pro-Fubara lawmakers and set aside the presentation and passage of the Rivers state 2024 budget.

In the judgement delivered, Omotoso ordered Siminalayi Fubara, Rivers governor, to re-present the budget to the legally constituted House of Assembly under Martin Amaewhule.

Fubara presented the budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’ of N800 billion to five out of the over 30 lawmakers of the state house of assembly in December 2023.

In the judgement, Justice Omotoso ordered Fubara to release all funds accruable to the Rivers House of Assembly and barred the governor from interfering with the activities of the assembly.

The court also nullified the redeployment of the clerk and deputy clerk of the state assembly by the state’s head of civil service.

The judge held that the appointment of a clerk and deputy clerk is the responsibility of the speaker, as contained in the Rivers State Assembly Service Commission law.

The court further ruled that the inspector general of police and the Nigeria Police Force were duty-bound to continue to provide security for all Rivers citizens, including members of the state assembly.

The court also ordered a pause on the planned demolition and reconstruction of the Rivers State Assembly complex.

The National Assembly was barred from taking over the Rivers Assembly or accepting or treating any request from the state governor.

Justice Omotosho also set aside the Rivers’ N800 billion budget passed by five members of the House led by the Edison Ehie-led group.

The judge held that the presentation of the appropriation bill by Gov. Siminalayi Fubara on Dec. 13, 2023, and its passage by the lawmakers amounted to nullity following an interim order made by the court on Nov. 30, 2023.

Justice Omotosho, who made an order of injunction restraining Fubara and other defendants from interfering with the state’s assembly led by Martin Amaewhule, held that the passage of the bill into law was a wilful breach of the court order.

The judge also stopped the governor or any members of the state executive arm from appointing or reposting any person as a clerk or deputy clerk of the assembly in contravention of the laws governing the Rivers State House of Assembly Service Commission.

He restrained the National Assembly from taking over the state’s assembly.

Justice Omotosho held that the decision of the court was premised on the earlier order made on Nov. 30, 2023, and the facts that Fubara, who was the 11th defendant in the case, withdrew his processes in opposition to the plaintiffs’ originating motion.

Having withdrawn his counter-affidavit and other processes in this case, the judge said, it is deemed that the governor has admitted the facts in the motion since it was not challenged.

The Rivers House of Assembly and Amaewhule are the 1st and 2nd plaintiffs in the suit.

In the amended originating summons dated Dec. 7, 2023, but filed Dec. 11, 2023, by their team of lawyers, including Ken Njemanze, SAN, Ferdinand Orbih, SAN, among others, the plaintiffs sued the NASS, Senate President, Deputy Senate President, Senate Majority Leader, and Senate Minority Leader as 1st to 5th defendants, respectively.

Also joined in the suit are the House of Representatives Speaker, House Deputy Speaker, House Majority Leader, House Minority Leader, and Clerk to NASS as 6th to 10th defendants.

They also sued the Governor of Rivers, Attorney-General of Rivers, Commissioner of Finance, Accountant-General of Rivers, Rivers State Civil Service Commission, Inspector-General (I-G) of Police, and Rt. Honourable Edison Ehie, who is also listed as Rivers Assembly’s Speaker in the suit, as the 11th to 17th defendants, respectively.