Victor EzejaRivers State Governor Siminalayi Fubara has said he will appeal the Abuja Court of Appeal judgment on the state’s 2024 budget.
Prime Business Africa had reported that the appellate court in a judgment delivered on Thursday affirmed the ruling of the Abuja Federal High Court which nullified the 2024 Rivers budget passed by four pro-Fubara lawmakers last year.
Join our WhatsApp ChannelThe appellate court dismissed an appeal filed by the governor challenging the judgment of Justice James Omotosho of the Federal High Court Abuja.
The appellate court held that Governor Fubara should represent the budget to the legally constituted House of Assembly as earlier ruled by Justice Omotosho.
However, in a statement on Thursday after the court of appeal judgment, the Rivers State Attorney General and Commissioner for Justice, Dagogo Iboroma, said the governor, who is dissatisfied with the judgment has directed his lawyers to file an appeal against it to the Supreme Court. Iboroma also stated that the governor’s lawyers will equally file an application for stay of execution of the judgment of the Court of Appeal.
The state attorney general also stated that the Appeal Court judgment did not reinstate the Martin Amaewhule-led faction of the Rivers State House of Assembly.
According to him, Amaewhule and 26 other assembly members automatically lost their seats on 11 December 2023 when they announced their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
He argued that the issue of the defection of Amaewhule and 26 others was never before the Federal High Court and the Court of Appeal, Abuja. He clarified that the issue that was before the courts was the 2023 Appropriation Act.
“By operation of Law, particularly Section 109(i) (g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Martin Amaewhule and 26 others automatically lost their seats as members of the Rivers State House of Assembly on the 11th day of December, 2023, as Section 109(1) (g) is self executory as no court order is required thereof,” Iboroma stated.
“His Excellency, the Governor of Rivers State on the 13th day of December, 2023, presented the 2024 Appropriation Bill to the Rivers State House of Assembly, led by Rt. Hon. Edison Ehie, who was recognized as the Speaker of the Rivers State House of Assembly at the time. The Appropriation Bill was later passed into Law and became the Appropriation Law of 2024. An Appropriation Law is a state law within the purview of the High Court of Rivers State.
READ ALSO: A’Court Affirms Amaewhule As Speaker, Nullifies Rivers N800bn 2024 Budget
The attorney general further stated that following the crisis in the State House of Assembly and the intervention by President Tinubu asking the parties to withdraw their cases in Court, to allow peace reign, Governor withdrew his cases. However, Amaewhule and others did not but instead, proceeded to obtain judgment against the governor.
“After the judgment of the Court of Appeal today, there is a gale of misrepresentation and misinterpretation that Martin Amaewhule & 26 others remain members of the Rivers State House of Assembly with Martin Amaewhule as the speaker thereof. This is patently false.
“The defection of Martin Amaewhule and 26 others was not an issue for determination in the Federal High Court, Abuja and the Court of Appeal. What was in issue was the 2023 Appropriation Law and the National Assembly taking over the Legislative functions of the Rivers State House of Assembly,” he further stated.
Victor Ezeja is a passionate journalist with six years of experience writing on economy, politics and energy. He holds a Masters degree in Mass Communication.
