The Abuja Regional Court of Appeal on Thursday confirmed Martin Amawful as the authorized Speaker of the Rivers State House of Assembly.
In a unanimous judgment, a three-member panel of the Court of Appeal has dismissed the appeal filed by Rivers State Governor Siminalai Hubala on the grounds that it is without merit.
The Court of Appeal has firmly upheld the January 22nd Federal High Court judgment handed down by Justice James Omotosho, giving new hope to the Rivers State budget of 800 million Naira for 2024, as requested by the State House of Assembly. The bill was invalidated because it was not submitted before a member of the Diet. Law. The court reprimanded Governor Nunohara for not adhering to the rule of law.
The court held that Governor Hubala’s decision to submit the 2024 Rivers State Appropriation Bill to just four out of 31 members of the House of Assembly constitutes a grave violation of the 1999 Constitution as amended.
The Court of Appeal also ruled that the withdrawal of the counter-affidavit originally filed by Mr. Hubala to challenge the suit brought by the Amaufule-led members to be recognized as valid members of the Rivers State House of Assembly does not add to the claims against Mr. Hubala. The court ruled that this was indicative of his consent.
Justice Joseph Oyewole, while delivering the principal judgment, held that Mr. Hubala had withdrawn all counter-claim proceedings in the trial court and could not appeal the sentence handed down.
Justice Oyewole said that since he came to the Court of Appeal, he has been inconsistent, approving and denouncing, being hot and cold at the same time.
He said there was no legal basis for such actions as parties must have a consistent approach to court issues.
The court held that his withdrawal from the Federal High Court case was a self-inflicted mistake and could not be redeemed.
The court will not grant any benefit to his forfeiture of legal rights in the trial court by accepting all claims brought against him by withdrawing from the case, so his appeal will be denied. declared it to have no practical value.
Justice Oyewole said, “The right to appeal is the person who has been adversely affected by the decision, that is, the person against whom the sentence has been handed down.”
“Now, the appellant’s position and trends have further clarified the appellant’s position. On pages 1209 and 1210 of the appellate record, the appellant’s lawyer, Mr. Imafidon, says that the appellant is “We have withdrawn all the proceedings we have filed to object, thereby demonstrating that we have made concessions” reaction.
“The law is that parties must be consistent in presenting their cases and cannot seek to approve or condemn Willy Lilly’s character during the course of the litigation.
“A party cannot admit and deny at the same time, and an appellant cannot seek one thing in a lower court while seeking another, contradictory, parallel thing in this court. The law requires that he Can I allow myself to blow stuff and cold stuff?
“The challenge facing the appellants in this appeal is self-inflicted and at all costs is an attempt to withdraw all proceedings to challenge the proceedings in the lower courts, thereby reversing the proceedings in the lower courts. It is impossible to see the utilitarian value achieved by filing a main appeal after a party has conceded to the action in the lower court and then given the offer of an earlier concession. Turning around and contesting the same case without seeing any signs seems purely academic.”
The court ordered Fubara to resubmit the state budget to the House of Representatives under the accredited Speaker (Amauere) as contained in Justice Omotosho’s judgment.
The court also restrained him from withholding House funds and removing the Clerk and Deputy Clerk from the House.
Dismissing the appeal, Justice Oyewole said: “In a constitutional democracy, the basis of all laws must be found in the constitution. Dictatorship is out of place in a constitutional democracy. I therefore place this issue before the appellants. , resolved in favor of the first and second defendants.
“Accordingly, on the whole, this appeal is without merit and is dismissed. The judgment of the lower court is hereby affirmed. Costs of N500,000 will be awarded to each of the defendants from No. 1 to No. 12. awarded in favor of the appellant and against the appellant.
Justice Okon Abang concurred with Justice Oyewole’s judgment, stating that since the appellant did not challenge the judgment of the trial court, he could not appeal, which means that the appellant accepted the judgment as true. The court held that it could act on that basis. that.
He further admonished the governor for obstructing Mr. Amaefure from carrying out his duties, adding that he was using his executive powers to take coercive actions, which cannot be tolerated in a democracy.
He said: “The appellant, the Rivers State Governor, treated the order of the court with contempt and imprudence and was removed from office in an unprecedented manner. I agree with counsel for the second defendant.
“There is no rule of force in a democracy. The appellant, who has sworn to abide by the provisions of the Constitution, is committed to the performance of his duties as Governor in relation to the first and second appellants. has applied, and is expected to apply, the rule of law rather than the rule of power in matters affecting Rivers State.
“The appellant’s show of force and authority is conspicuous in the uncontested testimony in paragraphs 1 to 10 of the affidavit in support of the notice motion filed by the first and second defendants. There is.
“The rally in the name of Rivers State House of Assembly led by a person other than the second defendant is in violation of the order passed by the trial court dated December 7, 2023 and the act of that person is futile.”
Justice James Omotosho of the Federal High Court in Abuja, in a judgment that was upheld by the Court of Appeal, said the N800 billion budget presented by Mr Hubala to four members of parliament was not properly submitted to the Rivers State House of Assembly. Recall that it was held to be invalid. Required by law.
