A member of the House of Representatives and lawyer, Mr. Solomon Bob, has stated that the Court of Appeal’s judgment on the presentation of the Rivers State budget remains valid following the Supreme Court’s dismissal of Governor Siminilayi Fubara’s appeal.
The Supreme Court recently dismissed Governor Fubara’s appeal challenging the Court of Appeal’s ruling, which upheld the judgment of the Federal High Court mandating him to present the 2024 state budget to the Martin Amaewhule-led Rivers State House of Assembly.
Bob, representing Abua/Odual and Ahoada East Federal Constituency of Rivers State, argued that the Supreme Court’s decision affects future budgets, including the 2025 state budget.
He said: “On January 10, 2025, the Supreme Court dismissed Governor Fubara’s appeal against the judgment of the Court of Appeal, which had earlier upheld Justice Joseph Omotosho’s ruling in Suit No. FHC/ABJ/CS/1613/2023.”
“Justice Omotosho’s judgment, delivered on January 22, 2024, addressed the core issues of the crisis, including:
(a) The leadership and membership of the Rivers State House of Assembly, and
(b) The presentation of the 2024 appropriation bill and subsequent proposals to the House of Assembly.
“One of the orders states: ‘An order is hereby made restraining the 11th defendant (Governor Fubara) from making any request, presentation, or nomination to the Rivers State House of Assembly, except to the House led by the 2nd plaintiff (Speaker Martin Amaewhule).”
Bob emphasized that the judgment applies to all future legislative submissions, including the 2025 budget.
Bob criticized Femi Falana, SAN, for allegedly misinterpreting the Supreme Court’s ruling. He accused Falana of downplaying the legal consequences of spending public funds without an appropriation law.
He said:“Mr. Falana claimed the dismissed appeal related only to the 2024 appropriation law and was therefore merely academic. This interpretation is incorrect, as the court’s order applies to all future budget presentations and official requests.”
Bob further rejected Falana’s assertion that the Court of Appeal’s ruling did not address the membership status of the 27 legislators loyal to Speaker Amaewhule.
“By virtue of Section 272(3) of the Constitution, only the Federal High Court can determine vacancies in a House of Assembly. Justice Omotosho’s judgment remains the only valid ruling on the status of the 27 legislators,” Bob argued.
He added that Section 109(1)(g) of the Constitution, which governs defections, is not self-executory and requires judicial interpretation.
Bob accused Falana of bias and double standards, stating: “Mr. Falana has not shown the same zeal in challenging defections in other states or at the federal level. His selective advocacy is self-serving and lacks legal basis.”
He criticized Falana’s claim that three lawmakers could form a quorum in the 30-member Rivers State Assembly, describing it as a legal absurdity.
“A lawyer of Mr. Falana’s prominence should respect court decisions and not mislead the public. No lawyer, regardless of their stature, can claim their personal opinion as the law,” Bob concluded.
The Rivers State political crisis continues as Governor Fubara faces mounting legal challenges over the legitimacy of his interactions with the state legislature.
