The Supreme Court on Monday dismissed the appeal by Rivers State Governor, Mr Siminalayi Fubara, against the judgment ordering him to represent the state’s 2024 appropriation before the faction of the state House of Assembly led by Hon. Martin Amaewhule.
A five-member panel of justices of the apex court led by Justice Uwani Musa Aba-Aji, dismissed the appeal shortly after it was withdrawn by Fubara’s lawyers led by Mr Yusuf Ali (SAN).
Both the Federal High Court and Court of Appeal had in their separate judgments faulted Fubara’s presentation of the 2024 appropriation before a five-member House of Assembly led by Hon. Edison Ehie.
Fubara had predicated his decision to present to the Ehie-led House of Assembly on the grounds that the Amaewhule-led faction having defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) ceases to be lawful members of the state assembly.
But both the two lower courts held that he cannot present the budget before a five-member House of Assembly, especially when he did not present any evidence that the faction of Amaewhule 27 lawmakers defected from the PDP to the APC.
Displeased with the judgments of the two lower courts, Fubara had last year approached the apex court for an order setting aside the concurrent judgments ordering him to represent the budget to the Amaewhule-led faction.
However, when the matter came up on Monday, Ali informed the five-member panel of justices of a notice of withdrawal filed on February 6, seeking to withdraw the appeal on the grounds that, “the appeal has been overtaken by events”.
Responding, Wole Olanipekun (SAN), who represented Rivers State House of Assembly and Amaewhule, first and second respondents respectively and Chief Joseph Daudu (SAN), who represented third to 12th respondents (National Assembly and the leadership), while stating that they are not opposed to the withdrawal, pointed out that since issues have been joined by all parties, the proper thing for the court to do is to dismiss the appeal instead of striking it out.
Besides, Olanipekun and Daudu asked for a cost of N2 million for each of their clients.
In a short ruling, Justice Aba-Aji granted the application and dismissed the appeal.
She also granted the request for cost of N2 million in favour of the first to 12 respondents.
