The Court of Appeal sitting in Abuja upheld the earlier decision of the Federal High Court to nullify the N800 billion budget approved by a faction of the Rivers State House of Assembly loyal to Governor Siminalayi Fubara.
Governor Fubara had initially presented the budget, termed the “Budget of Renewed Hope, Consolidation and Continuity,” to the assembly faction led by Edison Ehie in December 2023.
The group of lawmakers quickly passed the budget, sparking opposition from another faction aligned with the Minister of the Federal Capital Territory (FCT). The opposition faction argued that the budget’s passage was unlawful.
In response, the group filed a lawsuit at the Federal High Court in Abuja, seeking a declaration that the budget process was invalid.
Justice James Omotosho, in his ruling, sided with the opposition, setting aside the passage of the budget and deeming the actions of the pro-Fubara lawmakers illegitimate.
The judge further directed Governor Fubara to submit the budget again, this time to the Assembly faction led by Martin Amaewhule, which is aligned with former governor Nyesom Wike. Unhappy with the ruling, Fubara proceeded to challenge the judgment at the Court of Appeal.
However, in its ruling on Thursday, the Court of Appeal dismissed Fubara’s appeal, citing a lack of merit. A panel of three justices unanimously upheld the High Court’s decision.
The court noted that Fubara had withdrawn his counter-affidavits and other submissions during the lower court proceedings, which left him unable to appeal and reopen a case that had been resolved.
Moreover, the appellate court stated that the governor failed to contest the facts presented by the opposition lawmakers, meaning those facts remained uncontested. In delivering its judgment, the court reiterated the principle that one cannot build a case on a non-existent foundation.
In conclusion, the court ordered Governor Fubara to pay N500,000 to each of the 13 respondents involved in the case.
