Whereas Governor Fubara, in line with terms of the peace deal, withdrew all the processes he filed to challenge the suit, however, the pro-Wike lawmakers only withdrew an impeachment notice they served on him while they declined to terminate their legal action.
While deciding the suit, Justice James Omotosho of the high court held that the budget was invalid as it was not properly presented before the Rivers State House of Assembly as required by the law.
It held that Governor Fubara acted like a tyrant when he demolished the Rivers State Assembly complex and withheld funds standing to the credit of the legislative house.
The court also described as unconstitutional, the redeployment of the Clerk and Deputy Clerk of the Rivers State Assembly by Governor Fubara.
Justice Omotosho stressed that the governor lacked the statutory rights to interfere with the operations of the Assembly, adding that he acted in contempt of a subsisting order that barred the parties from taking any steps to overreach the matter that was pending before the court.
Besides, the court held that the National Assembly could not take over the legislative affairs of the state in the absence of the preconditions that were listed under section 11 of the 1999 Constitution, as amended.
Consequently, the court, among other things, nullified all actions the Rivers Assembly took without the participation of the Amaewhule-led members of the House, among which included the presentation of the state appropriation bill.
It issued an order of injunction, restraining Governor Fubara from impeding or frustrating the operations of the Assembly under Amaewhule’s leadership as its speaker.
It ordered the governor to release all funds standing to the credit of the Rivers State House of Assembly.
While upholding the verdict of the lower court, the appellate court held that Fubara conceded to the Amaewhule-led lawmakers when he withdrew all the processes he filed against their suit.
“A party must be consistent in the presentation of its case. A party cannot approbate and reprobate or blow hot and cold at the same time,” the appellate court held.
It held that the orders of the trial court were appropriate given the circumstance of the case, saying the appeal Fubara filed before it amounted to an academic exercise.
Accordingly, it ordered Fubara to pay a cost of N500,000 to each of the Respondents in the appeal marked: CA/ABJ/CV/133/2024.
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