News

A’Court Affirms Amaewhule As Speaker, Voids Rivers 2024 Budget

Published

2 years ago

October 10, 2024

The Court of Appeal, Abuja division, on Thursday, affirmed Martin Amaewhule as the recognised Speaker of the Rivers State House of Assembly.

A three-member panel of the Court of Appeal, in a unanimous judgment, dismissed the appeal filed by the Rivers State governor, Siminalayi Fubara, for lacking in merit.

The appellate court firmly upheld the January 22 judgment of the Federal High Court, delivered by Justice James Omotosho, which nullified the 2024 N800 million Rivers State budget of renewed hope on the grounds that it was not presented before members of the State Assembly as required by law. The court admonished Governor Fubara for not adhering to the rule of law in his actions.

The court held that Governor Fubara’s decision to present the 2024 Rivers State Appropriation Bill to only four out of 31 members of the Assembly constituted a gross violation of the 1999 Constitution, as amended.

The appellate court also determined that the withdrawal of the counter-affidavit Fubara initially filed to challenge a suit instituted by the Amaewhule-led lawmakers to be recognised as valid members of the Rivers State House of Assembly indicated his agreement with the claims filed against him.

Justice Joseph Oyewole, while delivering the lead judgement held that Fubara, having withdrawn all processes filed to counter the case before the trial court, cannot claim to be dissatisfied with the judgment delivered.

Justice Oyewole said by his coming to the appellate court, he was being inconsistent, approbating and reprobating, blowing hot and cold at the same time.

He said such conduct had no basis in law as parties must be consistent in their approach to court matters.

The court held that his withdrawal from the Federal High Court case was a self-inflicted mistake that cannot be redeemed.

The court declared that his appeal has no utilitarian value as it cannot confer any advantage on him having lost his legal rights at the trial Court by accepting all the claims filed against him with his withdrawal from the suit.

Justice Oyewole said “that the person with the right to appeal is the person aggrieved by the decision that is the person to whom a decision has been pronounced against.

“Now the position of the appellant is further made obtainable by his position and trend the record of appeal shows on pages 1209 and 1210 that learned counsel for the appellant Mr Imafidon, withdrew all the processes filed by the appellant to contest the action and thereby conceded reaction.

“It is the law that a party must be consistent in the presentation of his case and cannot approbate and reprobate by chasing his disposition Willy Lilly in the course of litigation exercise.

“A party cannot approbate and reprobate at the same time, the appellant cannot seek for one thing at the lower Court and be seeking for another incongruent and parallel thing in this Court. Can the law permit him to blow hot and cold at the same time?

“The challenges faced by the appellant in this appeal are self-inflicted and try as one may, it is impossible to see the utilitarian value to be achieved by filing this appeal after withdrawing all processes contesting the action at the lower Court and thereby conceding the action. It seems to be purely academic for a party to concede to an action at the lower Court and then turn around to challenge the same action without any indication of fraud in the presentation of the earlier concession.”

The court ordered Fubara to re-present the budget of the State to the House under the recognised Speaker (Amawhuele) as contained in Justice Omotosho’s judgement.

The court also stopped him from withholding the House of Assembly fund and removing the Clerk and Deputy Clerk from the House.

Justice Oyewole proceeded to dismiss his appeal, saying, “In a constitutional democracy the foundation of every act must be located in the Constitution. Autocracy is out of place in the constitutional democracy. I therefore resolve this issue against the appellant and in favour of the 1st and 2nd respondent.

“In totality, therefore, this appeal is bereft of merit and it is accordingly dismissed. The judgement of the lower Court is hereby affirmed. N500,000 cost is awarded in favour of each of the 1st to 12th respondents respectively and against the appellant.”

Justice Okon Abang, in agreement with Justice Oyewole’s decision, held that the appellant cannot appeal the decision of the trial Court since he did not counter it and it translates to mean that he has accepted it to be true and the Court of law can act on it.

He further admonished the governor for frustrating Amaewhule from carrying out his duties adding that he is using his executive powers to act in might which is not acceptable in a democratic setting.

He said, “The appellant the governor of Rivers State treated the Court order with disdain, levity and subject to the discharge of his function in an unprecedented manner. I agree with the 1st and 2nd respondent counsel that these are acts of executive lawlessness.

“The rule of might has no place in a democratic setting. Having sworn to uphold the provisions of the constitution, the appellant was and is expected to in his relationship with the 1st and 2nd respondents, apply the rule of law, not the rule of might in matters affecting the discharge of his function as the governor of Rivers State.

“The appellant’s show of force and might is heavily demonstrated in the 1st and 2nd respondents’ unchallenged deposition of paragraphs 1 to 10 of the affidavit in support of the motion on notice filed by the first and second respondents.

“Any gathering purporting to be Rivers State House of Assembly, led by any other person other than the 2nd respondent, sits in violations of the order delivered by the trial Court dated December 7, 2023 and that person acts in vain.”

Recall that Justice James Omotosho of the Federal High Court in Abuja in his judgement upheld by the appellate Court, held that the N800 billion budget presented by Fubara to the four lawmakers was invalid as it was not properly presented before the Rivers State House of Assembly as required by the law.

News

Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

Published

2 hours ago

May 5, 2026

Editor

Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.

Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.

He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.

“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.

He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.

“When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.

“We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.

DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

News

IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

Published

2 hours ago

May 5, 2026

Editor

The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.

Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.

Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.

News

Court Orders SERAP To Pay DSS Operatives N100m For Defamation

Published

7 hours ago

May 5, 2026

Editor

The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.

The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.

Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.

Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.

The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.

In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.

The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.

The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.

In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.

He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.

He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.

The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.

The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”