The Supreme Court has dismissed an appeal filed by Siminalayi Fubara, Governor of Rivers State, challenging the judgment that voided the presentation and passage of the state’s 2024 budget.
In a ruling delivered on Monday, the five-member panel of justices awarded a cost of ₦4 million against Fubara, to be paid to the Rivers State House of Assembly and its factional Speaker, Martin Amaewhule.
During the court proceedings, Governor Fubara, through his counsel, withdrew the appeal, stating that it had been “overtaken by events.”
Bode Olanipekun (SAN), counsel to Amaewhule, did not oppose the withdrawal but insisted that the appeal be dismissed outright. He argued that since both parties had filed and exchanged briefs of arguments, dismissal was the appropriate order.
Following no objections from any party, the apex court dismissed the appeal and awarded the cost against Fubara.
The Supreme Court was initially handling five appeals related to the conflict between Governor Fubara and the Amaewhule-led faction of the Rivers House of Assembly. With this dismissal, the court is expected to render judgment on the four remaining appeals or possibly consolidate them.
The legal battle began in December 2023 when Fubara presented the 2024 budget to only five lawmakers from the Edison Ehie-led faction of the assembly, excluding the majority lawmakers loyal to Amaewhule.
In January 2024, Justice James Omotosho of the Federal High Court in Abuja nullified the presentation and passage of the budget, ruling it illegal. The judge directed Fubara to re-present the budget to the “legally constituted” House of Assembly under Amaewhule’s leadership.
The Court of Appeal in Abuja upheld this judgment in October 2024, affirming that the budget presentation and passage violated constitutional procedures.
The Supreme Court’s decision underscores the importance of legislative legitimacy and adherence to constitutional processes. With the dismissal of the governor’s appeal, Fubara is now compelled to comply with the court’s directive to re-present the 2024 budget to the Amaewhule-led assembly.
