Federal High Court Dismisses Suit Against Gov. Fubara’s N800 Billion 2024 Rivers Budget Represenation
The Federal High Court in Abuja has dismissed a suit aiming to prevent Governor Siminalayi Fubara from re-presenting the N800 billion 2024 budget of Rivers State. Justice Joyce Abdulmalik, delivering the ruling on Tuesday, also set aside an earlier interim order issued on January 22, directing the parties involved to maintain the status quo pending the hearing of the substantive suit.
Justice Abdulmalik based her decision on the fact that a similar suit regarding the matter had already been decided by a sister court on the same day the interim order was granted. She further noted that the plaintiffs’ counsel, David Maduka, missed the opportunity to address the court on the suit’s propriety in light of the judgment already delivered in a similar case.
The case revolves around the Rivers House of Assembly, where the appropriation bill for the N800 billion 2024 budget was passed on December 13, 2023. Governor Fubara signed the bill into law on December 14, 2023. However, Justice James Omotosho, in a judgment on January 22, set aside this budget, restraining Governor Fubara from interfering with the assembly’s functions.
Six elders, including Hon. Victor Okon Jumbo and Sen. Bennett Birabi, sought an order declaring the seats of 27 lawmakers who switched from the People’s Democratic Party (PDP) to the All Progressives Congress (APC) vacant. They challenged the constitutionality of a peace agreement allegedly made between Governor Fubara and the former Governor and current Minister of the Federal Capital Territory, Nyesom Wike.
The plaintiffs questioned the legality of the agreement signed on December 18, 2023, alleging it amounted to an usurpation and nullification of constitutional provisions. They asked the court to determine the rights of Governor Fubara, President Bola Tinubu, and the Rivers Assembly to enter into agreements that undermine constitutional provisions.
Justice Abdulmalik, setting February 28 for the application hearing, directed the defendants, including President Tinubu and the Attorney-General of the Federation, to be put on notice. The six plaintiffs filed another motion seeking accelerated hearing, but the judge dismissed the suit, emphasizing that the matter had already been settled by a sister court.
Despite the plaintiffs’ claim of unawareness of the judgment, Justice Abdulmalik held that they had lost the opportunity for fair hearing and concluded that the motion had been overtaken by events. The dismissal brings a significant turn in the legal battle surrounding Rivers State’s 2024 budget.
Federal High Court Dismisses Suit Against Gov. Fubara’s N800 Billion 2024 Rivers Budget Represenation
