October 10, (THEWILL) – The Abuja Division of the Court of Appeal has dismissed an appeal filed by Governor Siminalayi Fubara, challenging the Federal High Court ruling that nullified the 2024 Rivers State Budget.
Justice James Omotosho had in January 2024, nullified the 2024 Rivers State Budget passed by the pro-Fubara lawmakers and set aside the presentation and passage of the Budget.
The court had ordered Governor Fubara to re-present the budget to the legally constituted House of Assembly under Martin Amaewhule. It also ordered Fubara to release all funds accruable to the Rivers House of Assembly and barred the governor from interfering with the activities of the assembly.
THEWILL reports that the Rivers Governor had approached the appeal Court, seeking to quash the ruling of Justice Omotosho.
Delivering judgement on Thursday, a 3-man panel of the Court of Appeal, led by Justice J. Oyewole, dismissed the appeal for lacking in merit.
The panel unanimously held that it was wrong for Governor Fubara to appeal a matter which he didn’t file a counter affidavit at the lower court.
“It was the contention of the appellate court that withdrawal of his counter affidavit at the trial court was fatal and incurably defective”, the court held.