RIVERS CRISIS: AS FAR AS LAW IS CONCERNED, STATUS OF THE BUDGET IS NULLITY – SAN

RIVERS CRISIS: AS FAR AS LAW IS CONCERNED, STATUS OF THE BUDGET IS NULLITY – SAN

Mr. Kunle Adegoke, SAN, a prominent activist and senior lawyer, has analyzed the outcome of a legal issue involving 27 lawmakers from the Rivers State House of Assembly.

These lawmakers challenged the validity of the 2024 state budget, which had been passed by only four members of a rival faction loyal to Governor Siminalayi Fubara.

The Federal High Court in Abuja initially ruled in favor of the 27 lawmakers, declaring the budget invalid, this decision was later upheld by a three-member panel of the Court of Appeal in Abuja, the court found that the budget, passed by just four legislators, was not lawful and should be presented again before the full House of Assembly.

According to Mr. Adegoke, the ruling by the Court of Appeal has become the binding legal position.

He noted, however, that there could still be unresolved legal issues open to further litigation in competent courts.

Adegoke stated that the facts and legal principles supporting the judgment are strong, making it unlikely that the Supreme Court will overturn the decision.

“The pronouncement of the Court of Appeal is the law as far as that issue is concerned. That is not to say that any other issue that may not have been decided may still be left to be decided by competent court of jurisdiction. But as regards the status of the budget, it is a nullity.”

“The only course available now is that parties may take a step to the Supreme Court to decide whether the Court of Appeal is correct in its interpretation of the law or otherwise,” he said.