The Court of Appeal in Abuja has affirmed Martin Amaewhule, a supporter of the Minister of the Federal Capital Territory (FCT), Nyesom Wike, as the legitimate Speaker of the Rivers State House of Assembly.
This decision followed the dismissal of an appeal filed by the Rivers State governor, Sir Siminalayi Fubara.
A three-member panel of the appellate court, in a unanimous judgment delivered by Justice Joseph Oyewole, upheld the January 22 judgment of the Federal High Court, which nullified the Rivers State 2024 budget of N800 billion on the grounds that it was not properly presented before the state assembly, as required by law.
The court ruled that Fubara’s intervention in the affairs of the assembly under Amaewhule’s leadership was unlawful. It further barred the governor from withholding assembly funds or removing the clerk and deputy clerk.
Additionally, the court directed Governor Fubara to re-present the 2024 budget to the assembly, under Amaewhule’s leadership, in line with the earlier judgment by Justice James Omotosho of the Federal High Court.
Justice Oyewole held that the appeal had no merit and did not offer any legal advantage, as Fubara had already conceded the issues by voluntarily withdrawing from the case at the Federal High Court.
Moreover, Justice Oyewole said that the governor’s attempt to both challenge and accept the court’s ruling—approbating and reprobating—had no legal standing, as parties must remain consistent in their legal positions.
Consequently, the court nullified the passage of the 2024 budget, which had been approved by just four of the 32 assembly members, calling it an illegal and reckless act.
Governor Fubara was also ordered to pay N500,000 to each of the 13 respondents, amounting to a total fine of N6.5 million.
On January 22, Justice Omotosho had nullified the Rivers State budget, which was passed by four members of the House led by Edison Ehie, who is now the governor’s Chief of Staff. The court ruled that the budget presentation by Governor Fubara on December 13, 2023, was void due to an interim court order issued on November 30, 2023.
