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osazuwaakonedo
  • 10/11/2024
Appeal Court Declares Passed Rivers 2024 Budget Illegal

https://osazuwaakonedo.news/appeal-court-declares-passed-rivers-2024-budget-illegal/11/10/2024/

#Issues #Amaewhule #AppealCourt #budget #Edison #Ehie #Fubara #James #Martin #Nyesom #Omotoso #Rivers #Siminalayi #Wike ©October 11th, 2024 ®October 11, 2024 Appeal Court of Justice in Nigeria has affirmed the decision of lower court and declared the ₦800 billion 2024 Financial year budget of Rivers State illegal and unconstitutional #OsazuwaAkonedo

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00:00Appeal Court of Justice in Nigeria has affirmed the decision of lower court and declared the
00:05800 billion Naira's 2024 financial year budget of Rivers State illegal and unconstitutional.
00:12The Appellate Court ruled in Abuja on Thursday that the Rivers State Governor,
00:17Fubara Similalai, used his executive immunity to carry out lawlessness by thus presenting the 2024
00:23financial year appropriation bill to five lawmakers. The Appeal Court ruled that the
00:29appeal filed by the Governor before it lacked merit because the Governor withdrew his counter
00:34affidavit during the High Court trial of the case. The Court of Appeal affirmed the judgment
00:40of the Federal High Court which had earlier set aside the Rivers State 800 billion Naira's budget
00:45passed by five members of the House of Assembly led by the Edison-Aher faction.
00:51The Appellate Court dismissed the appeal filed by the Governor of Rivers State,
00:56Similalai Fubara, on grounds that it lacked in merit. Amongst other reasons, the three-man panel
01:03held that Governor Fubara withdrew his counter affidavit at the lower court in the matter and
01:08as such cannot commence an appeal in a matter he didn't challenge at the trial stage. The Court
01:14held that the presentation of the bill to the five lawmakers by Governor Fubara was against
01:19the Constitution. The Court further held that Governor Fubara used his immunity to carry out
01:25executive lawlessness as he is expected to apply the rule of law and not the rule of might.
01:32It would be recalled that in January 2024, Justice Giles Omotosho of the Federal High
01:38Court in Abuja had ruled that the presentation and approval of Rivers State's budget were illegal.
01:44The judge ordered Governor Fubara to re-present the Naira's 800 billion budget,
01:50titled the Budget of Renewed Hope, Consolidation, and Continuity to a Legally
01:56Constituted House of Assembly led by Martin Amayule, the factional speaker. At the time,
02:03Fubara had presented the budget to five lawmakers from the Edison-Aher-led faction
02:09out of over 30 assembly members. This presentation came after 27 legislators from the People's
02:16Democratic Party, PDP, defected to the All Progressives Congress, APC, leading to their
02:23seats being declared vacant. The Federal High Court's ruling also barred Governor Fubara from
02:29interfering in the activities of the legislative arm of the state and nullified the redeployment
02:34of the Clerk and Deputy Clerk of the Rivers State Assembly. The Governor was further directed
02:40to release all funds owed to the Assembly to ensure its smooth operation.

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