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Emma Sunday
Mixed reactions have continued to trail Monday’s Supreme Court’s dismissal of the appeal filed by the Rivers State Governor, Sir Siminalayi Fubara on the Court judgment mandating him to represent the 2024 budget before the Martin Amaehwule-led Rivers State House of Assembly.
The Supreme Court dismissed the suit in a ruling delivered by Justice Musa Uwani-Aba-Aji following Governor Fubara’s decision to withdrawal the appeal through his lead counsel, Yusuf Ali SAN.
Fubara, had informed a 3-man panel of Justices of the Court that events had overtaken his suit, and the request for the withdrawal of the suit was not opposed by the Martin Amaehwule-led Rivers State House of Assembly, who were represented by Chief Wole Olanipekun SAN.
The ruling of the Apex Court however sparked celebrations among supporters of the Minister of Federal Capital Territory, Nyesom Wike, and the embattled 27 pro-Wike lawmakers in Rivers State especially as the court awarded N4M fine against Governor Fubara to be paid to the Martin Amaehwule and the House of Assembly led by him.
They claimed that the coast had been finally cleared for the 27 pro-Wike lawmakers to take over the House of Assembly fully.
Meanwhile, supporters of the Rivers State Governor have dismissed the celebrations claiming victory for the pro-Wike lawmakers as misleading.
Former Caretaker Committee Chairman of Asari Toru local government area, Rt. Hon. Orolosama Amachree and strong ally of Governor Fubara told newsmen that those celebrating the Apex Court ruling to represent defeat against the governor are doing so in ignorance, as they are totally out of line in their celebration.
Amachree who stated that there is no call for alarm said, the decision of Governor Fubara to withdraw his appeal against representation of the 2024 budget was the right thing to do as the matter has been overtaken by events.
In it’s reaction, the Rivers State Government through the Chief of Staff to Governor Fubara clarified that the Supreme Court decision on Monday, was about the Appeal Court Judgement that Fubara should re-present the 2024 budget before the Martins Amaewhule-led Assembly, and not the case challenging the leadership of the State House of Assembly and the membership of the members who defected in December 2023 are still before the Supreme Court.
The Chief of Staff said since the 2024 budget has been spent, Fubara thought to withdraw his appeal against the judgement because it will be a mere academic exercise to dwell on the matter.
He said, “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.
“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 monies 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 the 2024 fiscal year. The appeal is of no useful purpose in this year 2025, which has its 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.
“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 in the Rivers State House of Assembly. The members of the public should not be taken in by the misleading propaganda by Martin Chike Amaewhule and his 26 friends.”
Similarly, the Rivers State Commissioner for Information and Communication, Warisenibo Joseph Johnson said the appeal was of no useful purpose as the 2024 budget became spent on the 31st December of 2024 fiscal year, adding that the only reasonable thing left to do was to withdraw the appeal and have it dismissed.
The Commissioner said, “There was no Supreme court judgment against Gov. Fubara, ignore the outdated political propaganda by some desperate politicians.
“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.
“Supreme Court ruled on the Appeal over the 2024 budget voluntarily withdrawn by Gov. Fubara because 2024 budget cycle have ended and no need wasting time discussing a budget that have been fully spent and implemented.”
He maintained that Rt. Hon Victor Oko Jumbo remains still authentic speaker of the Rivers State House of Assembly and nothing can change that.
Earlier, the Speaker of the embattled 27 pro-Wike lawmakers, Rt. Hon. Martin Chike Amaewhule, had commended the five-man panel of Justices of the Supreme Court for upholding justice and reaffirming the rule of law.
Amaewhule in the also expressed gratitude to the FCT Minister and other leaders of State who have supported the throughout this period throughout the period of the crisis.
“The Supreme Court has spoken, and the people of Rivers State are elated with this judgement,”
The embattled Speaker condemned the Governor’s refusal to provide the Assembly with its statutory entitlements for nearly a year, adding that the Governor thought they would be starved, stating that “today’s judgment has strengthened our resolve and hope in the judiciary.”
He accused Governor Fubara of consistently disregarding court orders, warning that all eyes are now on him to see whether he will disobey the Supreme Court’s verdict.
He stressed that the Governor has been spending taxpayers’ money for a year without appropriation, in clear defiance of the Federal High Court and Court of Appeal Judgements. “Today’s judgment confirms that Governor Fubara has been in gross violation of the 1999 Constitution as amended.”
Recalled that the Court of Appeal had, on Thursday, October 10, 2024, dismissed Fubara’s appeal on the same matter.
Similarly, the Federal High Court in Abuja, presided over by Justice James Omotosho on January 22, 2024, nullified the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly.
In the same vein, the Rivers State Attorney General and Commissioner for Justice, Dagogo Israel Iboroma, SAN, has dismissed reports that the Supreme Court has reinstated Martin Chike Amaewhule and 26 others as members of the Rivers State House of Assembly.
Iboroma, while addressing Journalists on Monday night clarified that “the Supreme Court made no order whatsoever reinstating Martin Chike Amaewhule and 26 others as members of Rivers State House of Assembly, neither did the Supreme Court make any finding on their status as members of Rivers State House of Assembly.”
He called on members of the public to ignore the what he described as false narrative and propaganda being spread by Amaewhule and his lawyers on what transpired in the Supreme Court” on Monday.
Giving full details of what happened at the Apex Court, Iboroma said, “I was in court today (Monday), and witnessed all that transpired in SC/CV/1701/2024, Governor of Rivers State V Rivers State House of Assembly and 15 others.
“Regrettably, after the court’s proceedings, there has been serial of misrepresentation in social and electronic media grossly misrepresenting what transpired in court. It is important to trace the facts leading to SC/CV/1701/2024.”
He stated that the Government would have ignored the false narrative being spread by Amaewhule, his committee of friends and their lawyers, but had to put the record straight so as to correct the wrong impression and negative propaganda deliberately being fed to unsuspecting members of the public on the matter and the actions of the Apex Court.
He said, “On the 29th day of November, 2023, Martin Chike Amaewhule & Anor instituted Suit No: FHC/ABJ/CS/1613/2023 at the Federal High Court, Abuja,” wherein in their originating summons, they prayed for 11 reliefs.
Iboroma further explained that “On the 11th day of December, 2023, while Suit No: FHC/ABJ/CS/1613/2023 was pending at the Federal High Court, Abuja, Martin Chike Amaewhule & 26 others defected from the Peoples Democratic Party to the All Progressives Congress, and automatically lost their seats as members of the Rivers State House of Assembly.”
He clarified that “In Suit No: FHC/ABJ/CS/1613/2023, the defection of Martin Amaewhule and 26 others was not an issue. Thus, it was not a question for determination. It was also not an issue for determination in the resultant appeals.
“Furthermore, before judgment was delivered in Suit No: FHC/ABJ/CS/1613/2023, Martin Chike Amaewhule and 26 others did not inform the court that they had defected from the Peoples Democratic Party to the All Progressives Congress.”
According to the Attorney General and Commissioner for Justice, “Suit No: FHC/ABJ/CS/1613/2023, amongst others, were principally about the Appropriation Law 2024, (a.k.a 2024 budget).”
He then explained the reason for the State Governor’s withdrawal of the appeal at the Supreme Court, saying, “We are in the year 2025 with a 2025 Appropriation Bill already passed and signed into law and in operation.
“The Appropriation Law 2024 is now totally spent and cannot be brought back into operation. The monies in the Appropriation Law 2024, having been spent, cannot be recalled and spent again.
“The Appropriation Law 2024 being spent by reason of its expiration, SC/CV/1701/2024 became merely academic and of no utilitarian value.”
He added that, “The appellant, in keeping with the time-honoured practice of not wasting precious judicial time, filed a notice of withdrawal of his appeal and freely urged the Honourable Court to dismiss his appeal. Accordingly, the Honourable Court granted the prayer sought and dismissed the appeal. This is all that transpired.”
Iboroma emphasised that, “The Supreme Court made no order whatsoever reinstating Martin Chike Amaewhule and 26 others as members of Rivers State House of Assembly, neither did the Supreme Court make any finding on their status as members of Rivers State House of Assembly.
“We call on members of the public to ignore the false narrative and propaganda being spread by Martin Chike Amaewhule and his lawyers on what transpired in the Supreme Court today (Monday)”, he added.
