The Supreme Court on Monday dismissed an appeal by Rivers State Governor, Siminalayi Fubara, challenging a judgment ordering him to present the state’s 2024 appropriation to the faction of the House of Assembly led by Hon. Martin Amaewhule.
A five-member panel of justices, led by Justice Uwani Musa Aba-Aji, ruled to dismiss the appeal after it was withdrawn by Fubara’s legal team, led by Senior Advocate of Nigeria (SAN) Yusuf Ali.
The appeal had stemmed from earlier judgments by the Federal High Court and Court of Appeal, which faulted Fubara’s decision to present the budget to a five-member House of Assembly headed by Hon. Edison Ehie.
Fubara had argued that the Amaewhule-led faction of the assembly, which had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), was no longer lawful.
However, both lower courts had ruled that Fubara failed to provide evidence of the defection, and that the budget should be presented to the Amaewhule-led faction instead.
At Monday’s hearing, Ali informed the court that a notice of withdrawal had been filed on February 6, citing that the appeal had been overtaken by events. He said, “The appeal has been overtaken by events.”
Responding to the withdrawal, Wole Olanipekun (SAN), representing the Rivers State House of Assembly and Amaewhule, stated that while they did not oppose the withdrawal, the appeal should be dismissed, not struck out.
Olanipekun added, “Since issues have been joined by all parties, the proper thing for the court to do is to dismiss the appeal.”
The court granted the request for a N2 million cost for each of the respondents, which was approved by Justice Aba-Aji.
In a brief ruling, Justice Aba-Aji concluded, “The appeal is hereby dismissed.”