Fubara loses as Appeal Court nullifies N800bn Rivers budget
The Court of Appeal has dismissed an appeal filed by Governor Siminalayi Fubara of Rivers State, challenging the nullification of the state’s 2024 budget.
The ruling on Thursday upheld the earlier judgment by Justice James Omotosho of the Federal High Court, which had invalidated the budget passed by pro-Fubara lawmakers.
The N800 billion budget, titled the “Budget of Renewed Hope, Consolidation and Continuity,” had been presented by Governor Fubara and approved in December 2023 by a faction of lawmakers loyal to him, led by Edison Ehie.
However, a rival group loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, rejected the budget, deeming its passage illegal. This group filed a suit seeking to nullify the approval.
Justice Omotosho ruled in favor of the pro-Wike lawmakers, declaring the passage of the budget null and void and ordering Governor Fubara to re-present the budget to the House of Assembly faction loyal to Wike, led by Speaker Martin Amaewhule. Fubara, dissatisfied with the judgment, took the matter to the Appeal Court.
In a unanimous decision, the three-member panel of Appeal Court justices ruled against Fubara, stating that his appeal lacked merit.
The court noted that Fubara had withdrawn his counter-affidavits and other legal processes at the lower court, effectively leaving the facts presented by the respondents (the House of Assembly and the 12 pro-Wike lawmakers) unchallenged. The panel emphasized the legal principle that “you cannot place something on nothing.”
As part of the ruling, the appellate court ordered Fubara to pay N500,000 to each of the 13 respondents involved in the case.
By Julian Osamoto
