The Court of Appeal in Abuja has confirmed Martins Amaewhule as the legitimate Speaker of the Rivers State House of Assembly, dismissing the appeal filed by Governor Siminalayi Fubara. The three-member panel, in a unanimous decision, upheld an earlier ruling by the Federal High Court that voided the 2024 Rivers State budget, stating that it had not been properly presented before the State Assembly.
Governor Fubara had sought to overturn the January 22 judgment by Justice James Omotosho of the Federal High Court, which had declared the N800 billion budget for the state invalid. The court ruled that the governor’s presentation of the budget to only four out of the 31 members of the Rivers State Assembly was a clear violation of the 1999 Constitution, which requires the budget to be presented to the entire Assembly.
The Court of Appeal also criticized Governor Fubara for withdrawing his earlier counter-affidavit challenging the suit filed by the Amaewhule-led lawmakers. By doing so, the court said, Fubara effectively accepted the claims made against him, leaving no legal ground for his appeal.
Justice Joseph Oyewole, who delivered the lead judgment, stated that Fubara’s withdrawal of his defense was a “self-inflicted” mistake that could not be reversed. “The appellant cannot approbate and reprobate by chasing his disposition willy-nilly in the course of litigation exercise,” Oyewole said, adding that the governor’s inconsistent approach had no legal merit.
Furthermore, the court found that Governor Fubara’s actions demonstrated a disregard for the rule of law. Justice Oyewole emphasized that in a constitutional democracy, all actions must be grounded in law, stating, “Autocracy is out of place in a constitutional democracy.” He ordered Fubara to resubmit the budget to the State Assembly, this time under the leadership of the recognized Speaker, Martins Amaewhule.
The court also barred the governor from withholding funds meant for the State Assembly and from attempting to remove key officials, such as the Clerk and Deputy Clerk, from their positions.
Another member of the panel, Justice Okon Abang, expressed his agreement with the ruling, criticizing Fubara for using his executive powers to undermine the legislative process. He called the governor’s actions “acts of executive lawlessness” and urged him to respect the rule of law.
“The rule of might has no place in a democratic setting,” Abang stated, pointing out that Governor Fubara had treated the court’s order with “disdain and levity,” which was unacceptable in a democracy.
In conclusion, the appeal was dismissed, with the court affirming the lower court’s decision. Governor Fubara was also ordered to pay a cost of N500,000 to each of the 12 respondents involved in the case.
