Appeal Court Affirms Amaewhule As Rivers Assembly Speaker, Voids 2024 Budget

The Court of Appeal of Abuja division Thursday affirmed Martin Amaewhule as the authentic Speaker of the Rivers State House of Assembly.

A three-member panel of the Court of Appeal, in a unanimous judgment, dismissed the appeal filed by the Rivers State governor, Siminalayi Fubara, for lacking in merit.

Governor Fubara had sought to remove 27 members of the State House of Assembly on account of their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

The court, however held that Fubara had no basis for the appeal, having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court.

Justice Joseph Olubunmi Kayode Oyewole, who delivered the lead judgment, said the governor, having withdrawn from the case, could not claim to be aggrieved by the judgment of the Federal High Court.

The court therefore barred Fubara from intervening in the affairs of the House of Assembly under Rt. Hon. [speaker’s name].

The appellate court also barred him from withholding House of Assembly funds and from removing the Clerk and Deputy Clerk from the House.

The Court of Appeal also ordered him to re-present the state budget to the House under the recognized Speaker, as contained in the judgment of Justice James Omotosho of the Federal High Court.

Justice Oyewole stated that Fubara’s blunder in withdrawing from the suit at the Federal High Court could not be redeemed by any known advocacy.

By coming to the court, Justice Oyewole said that Fubara was “approbating and reprobating” and “blowing hot and cold” at the same time, adding that such conduct had no basis in law, as parties must be consistent in their approach to court matters.

He therefore voided and set aside the passage of the 2024 budget by 4 out of 32 members on the grounds of illegality, stating that such actions must not be allowed in a democratic setting.

The court expressed the view that Fubara engaged in executive recklessness that is unknown to law by presenting the budget to only 4 members and signing it into law within 24 hours.