In a major legal blow to Rivers State Governor Siminalayi Fubara, the Court of Appeal in Abuja has upheld the Federal High Court’s decision to nullify the state’s N800 billion budget, which was controversially passed by only five members of the Rivers State House of Assembly, aligned with the Edison Ehie faction.
The three-man appellate panel dismissed Governor Fubara’s appeal, ruling that it lacked merit. A critical aspect of the judgment was that Fubara withdrew his counter-affidavit during the initial hearing at the Federal High Court, thus disqualifying him from pursuing an appeal on the matter.
The court ruled that a party who failed to challenge a decision at the trial stage cannot subsequently seek to appeal it.
The court also condemned the governor’s presentation of the budget to just five lawmakers, branding the act unconstitutional.
In a stern rebuke, the panel accused Fubara of using his immunity as governor to engage in “executive lawlessness,” reminding him that his office requires adherence to the rule of law, not the rule of might.
Governor Fubara’s administration has been mired in crisis following the split within the state’s House of Assembly. The decision of the appellate court further complicates the already tense political atmosphere in Rivers State, where questions about the legality and legitimacy of governance have come under increasing scrutiny.
This judgment sets a clear legal precedent, reaffirming that executive power must be exercised within the boundaries of the law, regardless of immunity privileges.
Whether Governor Fubara will appeal to the Supreme Court remains to be seen, but for now, the Rivers State budget remains in limbo.