The Court of Appeal sitting in Abuja, on Thursday, affirmed the judgement of the Federal High Court which set aside the N800 billion budget passed by the Rivers State House of Assembly faction loyal to Governor Siminalayi Fubara.
Fubara had presented the N800 billion budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’ to the lawmakers led by the Edison Ehie, who passed it in December 2023.
But the other faction loyal to the Minister of Federal Capital Territory (FCT), rejected the action of pro-Fubara lawmakers, describing it as illegal.
They had filed a suit before a Federal High Court in Abuja, demanding that the act be declared null and void.
In his judgement, Justice James Omotosho nullified the budget passed by pro-Fubara lawmakers and set aside the presentation and passage of the Rivers state 2024 budget.
The judge ordered Fubara to re-present the budget to the Martin Amaewhule House of Assembly loyal to Wike.
The governor had rejected the verdict and headed for the Apeal Court.
In its ruling, on Thursday, the Appeal Court dismissed the appeal filed by Fubara for lacking merit.
A three-member panel of justices, in a unanimous judgment, held that the appeal was bereft of merit.
The panel upheld the judgment delivered by Omotosho.
The court had declared that Fubara, having withdrew his counter affidavits and other processes filed at the lower court, cannot come by way of appeal to revive a matter that had been terminated.
The court held that since the appellant (Fubara) did not challenge all the facts presented by the respondents (the house of assembly and the 12 pro-Wike lawmakers) at the lower court, it meant that those facts stand unchallenged.
The court held that since the appellant (Fubara) did not challenge all the facts presented by the respondents (the house of assembly and the 12 pro-Wike lawmakers) at the lower court, it meant that those facts stand unchallenged.
According to the appellate court, you cannot place something on nothing.
The panel, who dismissed the appeal, ordered Fubara to pay each of the 13 respondents the sum of N500, 000 each.
