On Monday, the Supreme Court dismissed Governor Siminalayi Fubara’s appeal against a ruling requiring him to present the 2024 budget to the faction of the Rivers State House of Assembly led by Hon. Martin Amaewhule.
A five-member panel, led by Justice Uwani Musa Aba-Aji, dismissed the appeal after Fubara’s lawyers, led by Mr. Yusuf Ali (SAN), withdrew it.
Both the Federal High Court and the Court of Appeal had previously ruled against Fubara’s decision to present the 2024 appropriation to the five-member House of Assembly headed by Hon. Edison Ehie. Fubara argued that the Amaewhule-led faction, which defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), was no longer lawful.
However, both lower courts ruled that the budget should be presented to the Amaewhule-led faction, citing Fubara’s failure to prove that the defected lawmakers were no longer members of the state assembly.
Dissatisfied with the rulings, Fubara took the matter to the Supreme Court, seeking to overturn the judgments. However, on Monday, Ali informed the court that the appeal was being withdrawn, citing that it had been “overtaken by events.”
In response, Wole Olanipekun (SAN), representing the Rivers State House of Assembly and Amaewhule, and Chief Joseph Daudu (SAN), representing the National Assembly and other respondents, agreed to the withdrawal. However, they requested that the appeal be dismissed, rather than struck out, and each party be awarded N2 million in costs.
Justice Aba-Aji granted the application, dismissed the appeal, and awarded N2 million costs to the first to 12th respondents.
