Human right lawyer, Femi Falana (SAN) has clarified that the decision on the Supreme Court on the Rivers State earlier on Monday was not about the leadership of the State House of Assembly but on the 2024 budget.

Falana who appeared on Channel TV flagship programme, Politics Today, on Monday and monitored by HorizonTimes clarified that the decision of the Supre Court was anchored on the withdrawal of the appeal by the Governor of the State, Siminalayi Fubara.

According to him, the case had become a mere academic exercise since the 2024 budget which was the focus of the case earlier decided by an Abuja Federal High Court in the case FHC/ABJ/1613/2023 was no longer alive.

He explained that the 2024 budget was no more alive as the 2025 budget has been passed by the House of Assembly loyal to the Governor, adding that the word 'dismissal' was the right word since the appeal was withdrawn by the Appelant.

He said, "When an Appeal is dismissed, not on merit but on the basis of a withdrawal by the appellant, the question of celebration does not arise.

"What happens in this case is that the Governor of Rivers State instructed his lawyers to withdraw the appeal on the ground that it had become an academic exercise. In other words, the issues are no longer alive and therefore, why do you want to waste the time of the court?

"The court did not determine who is the speaker or who is not the speaker, no. What was decided at the Federal High Court that led to the appeal had to do with the 2024 budget, the passage of the budget. And they governor is saying we have spent the money, we are now dealing with 2025 budget which has been passed into law. So, that is what happened today in court.

 

"The other lawyer who spoke on behalf of Amaewhule was not interpreting what happened at the court today. The basis of dismissal is this, once you have joined issues, once the parties have filed their briefs, and you are now withdrawing, it will be dismissed, not struck out, so that you don’t come back. That is all.

"Dismissal was not anchored on the merit of the matter, No."

On the fine, Falana explained that it was the right decision since the partied had been joined and processes filed.

"What the court is saying is that, Mr Dauda (SAN) applied to the court that we have filed briefs, please, we want a cost in our favour, that is what happened today, it is not because we have won. Since they are now withdrawing the appeal and we have already filed our papers, kindly compensate us for the work done, that’s all."

 

Also speaking on Monday, the State Commissioner for Information, Joe Johnson, said: “The matter has become mere academic exercise. “The 2024 budget became spent on the 31st December of 2024 fiscal year.

“The appeal is of no useful purpose.The only reasonable thing left to do is to withdraw the appeal and have it dismissed.

“The 2024 budget became spent on the 31st December of 2024 fiscal year.

“Supreme Court is a very busy court. It will be most unwise to belabour the Honourable Court with academic appeals without any practical or utilitarian value.” 

Noting there was no need for anybody to rejoice over the development, the State added: “There is no Supreme court judgment against Gov. Fubara, ignore the outdated political propaganda by some desperate politicians.

“Supreme Court ruled on the Appeal over the 2024 budget voluntarily withdrawn by Gov. Fubara because 2024 budget cycle has ended and no need wasting time discussing a budget that have been fully spent and implemented.

“Rt Hon Victor Oko Jumbo is still authentic speaker and nothing can change that.”

Governor Fubara had Monday, withdrew a case against the Martis Chike Amaewhule-led factional Rivers State House of Assembly, amongst others, over the passage of the 2024 budget.

Fubara, in a notice of appeal sighted by HorizonTimes said the appeal had been overtaken by events.

Fubara was also ordered to pay two million naira to the Assembly and Amaewhule by a five-member panel led by Justice Uwani Abba-Aji on Monday.

The case, marked SC/CV/1071/2024, was dismissed after Fubara’s lawyer, Professor Yusuf Ali (SAN), withdrew the suit.

In a Notice of Withdrawal dated 6th of February, 2025, read, "Take Notice that the Appellant herein intends and wholly withdraws his Appeal against all the Respondents in this appeal, the appeal has been overtaken by events."

The case was instituted against the Rivers State House of Assembly and 15 others including the pricipal officers of the two chambers of the National Assembly.

The case is against the judgment ordering Fubara to represent the state’s 2024 appropriation before the faction of the state House of Assembly led by Amaewhule.

Both the Federal High Court and Court of Appeal had in their separate judgments faulted Fubara’s presentation of the 2024 appropriation before a five-member House of Assembly led by Hon. Edison Ehie.

Fubara had predicated his decision to present to the Ehie-led House of Assembly on the grounds that the Amaewhule-led faction having defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) ceases to be lawful members of the state assembly.

But both the two lower courts held that he cannot present the budget before a five-member House of Assembly, especially when he did not present any evidence that the faction of Amaewhule 27 lawmakers defected from the PDP to the APC.

Displeased with the judgments of the two lower courts, Fubara had last year approached the apex court for an order setting aside the concurrent judgments ordering him to represent the budget to the Amaewhule-led faction.

However, when the matter came up on Monday, Ali informed the five-member panel of justices of the withdrawal notice.

Responding, Wole Olanipekun (SAN), who represented Rivers State House of Assembly and Amaewhule, first and second respondents respectively and Chief Joseph Daudu (SAN), who represented third to 12th respondents (National Assembly and the leadership), while stating that they are not opposed to the withdrawal, pointed out that since issues have been joined by all parties, the proper thing for the court to do is to dismiss the appeal instead of striking it out.

Besides, Olanipekun and Daudu asked for a cost of N2 million for each of their clients.

In a short ruling, Justice Aba-Aji granted the application and dismissed the appeal.

She also granted the request for cost of N2 million in favour of the first to 12 respondents.