The Rivers State Government has downplayed Monday’s ruling of the Supreme Court, which dismissed the appeal filed by Governor Siminalayi Fubara against the 27 members of the Rivers State House of Assembly loyal to ex-governor Nyesom Wike.
Fubara filed the appeal at the Supreme Court to challenge a Court of Appeal’s decision, which mandated him to take the 2024 budget of the state before the pro-Wike lawmakers, led by Martin Amaewhule-led House of Assembly.
But on Monday, in a dramatic twist, Fubara, through his lawyer, Yusuf Alli (SAN), called for the withdrawal of the appeal, following which the apex court dismissed it and awarded N2m cost against the governor.
However, in a statement issued in Port Harcourt, the state’s Commissioner for Information and Communications, Joseph Johnson, said the withdrawal of the appeal was no victory for the pro-Wike lawmakers.
Johnson said it became necessary to withdraw the appeal because the 2024 budget, which was the bone of contention, had been spent, and another budget for 2025 had been passed.
He said the appeal had become academic, hence Fubara’s decision to withdraw it.
Joseph stated, “The 2024 budget became spent on the 31st December of 2024 fiscal year. The appeal is of no useful purpose. The only reasonable thing left to do is to withdraw the appeal and have it dismissed. The Supreme Court is a very busy court. It will be most unwise to belabour the honourable court with academic appeals without any practical or utilitarian value. That is the appeal that the urchins are celebrating.”
Dismissing claims that the ruling was a loss for Governor Fubara, Johnson urged the public to ignore what he described as outdated political propaganda from desperate politicians.
He reiterated that there was no Supreme Court judgment against the governor, adding, “Rt. Hon. Victor Oko Jumbo is still authentic Speaker and nothing can change that.”
Similarly, the Chief of Staff to the Rivers State Government House, Edison Ehie, described the Supreme Court ruling as a purely academic matter.
“This appeal SC/CV/1071/2024: GOV of Rivers State v Rivers State House of Assembly & Ors that came up today at the Supreme Court has become purely academic,” he said.
Ehie explained that the case originated from a suit filed before Justice James Omotosho of the Federal High Court (Suit No. FHC/ABJ/CS/1613/2023) on November 29, 2023.
Since the 2024 budget had already been fully implemented, he argued that the appeal served no useful purpose in 2025, which has its own budget cycle.
He stated, “The case leading to this appeal was before James Omotosho as Suit NO. FHC/ABJ/CS/1613/2023. It was filed on the 29th day of November 2023.
“Suit NO. FHC/ABJ/CS/1613/2023 pertains to the 2024 budget, which is no longer alive, the money appropriated therein having been judiciously spent for the benefit of the good people of Rivers State.
“The 2024 budget became spent on the 31st December of 2024 fiscal year. The appeal is of no useful purpose in this year 2025, which has its own budget. The only reasonable thing left to do in the circumstances was to withdraw the appeal and have it dismissed. It would be most unwise to belabour the Honourable Court with academic appeals without any practical or utilitarian value.”
He also noted that after the suit was filed, Martin Amaewhule and 26 other lawmakers defected from the Peoples Democratic Party to the All Progressives Congress on December 11, 2023, thereby rendering their seats vacant.
He added, “It is important to note that after Suit No. FHC/ABJ/CS/1613/2023 was filed on 29th November 2023, Martin Chike and his 26 friends defected from PDP to APC on the 11th Day of December 2023. Their seats in the Rivers State House of Assembly became vacant. This appeal that was withdrawn today has nothing to do with the seats of Martin Chike Amaewhule and his 26 friends.”
On Monday, the Supreme Court dismissed the appeal filed by Governor Fubara challenging a judgment that ordered him to present the 2024 budget before the Amaewhule-led faction of the Rivers State House of Assembly.
The dispute began when Governor Fubara presented the 2024 Appropriation Bill to a four-member faction of the House led by Edison Ehie.
On October 10, 2024, the Court of Appeal in Abuja ruled that this act was unconstitutional, stating that the budget presentation before only four out of 31 members violated the 1999 Constitution.
The appellate court condemned Fubara’s decision, emphasising that the governor had disregarded constitutional provisions requiring at least one-third of the Assembly’s members to form a quorum.
The court said, “The appellant hurriedly neglected the Rivers State budget appropriation bill to the said four members purporting to sit as Rivers House of Assembly. The four members thereafter considered, deliberated and passed the budget into law few hours after the said purported presentation. Apart from the appellant’s conduct being stint in a democratic setting and in contrast of the subsisting order of the court, the appellant was clearly in violation of the mandatory provision of Section 96 of the Nigerian 1999 Constitution, as amended, which quotes ‘The forum of the House of Assembly shall be members one-third of the house.’
“Four out of 31 members of the Rivers State House of Assembly cannot, by any state of imagination, constitute the required forum for transacting the respective business of Rivers State of Assembly.”
Displeased with Court of Appeal’s judgment, Fubara approached the Supreme Court to overturn the ruling.
However, during the hearing on Monday, his counsel, Alli, informed the court that the governor had decided to withdraw the appeal, citing its irrelevance due to the full implementation of the 2024 budget.
All 17 respondents, represented by various lawyers, did not oppose the withdrawal.
However, J.B. Daudu (SAN), representing the National Assembly and its leadership, alongside Wole Olanipekun (SAN), representing the Rivers State House of Assembly and Amaewhule, requested a cost of N2m.
The five-member panel of Supreme Court Justices, led by Justice Uwani Musa Aba-Aji, dismissed the appeal and awarded a cost of N2m in favor of the 1st to 12th respondents.
In a short ruling, Justice Aba-Aji stated, “The appeal is dismissed and the cost of N2m awarded in favour of the 1st to 12 respondents.”
