A member of the House of Representatives, Solomon T. Bob, has strongly refuted claims made by Lagos lawyer, Mr. Femi Falana (SAN), that the recent Court of Appeal judgment in the Rivers State case does not extend to the 2025 budget. The claim, made by Falana following the Supreme Court’s dismissal of Governor Similayi Fubara’s appeal, was that the court ruling applied only to the “expired” 2024 budget.
Bob, who represents the Abua/Odual and Ahoada East Federal Constituency of Rivers State, expressed his disagreement in a statement issued yesterday. He emphasized that the substantive judgment of the Court of Appeal, which had been upheld by the Supreme Court, was comprehensive and addressed more than just the 2024 budget.
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The legal dispute traces back to Justice Joseph Omotosho’s ruling on January 22, 2024, which touched on key issues, including the leadership and membership of the Rivers State House of Assembly. Bob referenced one of the specific orders issued by Justice Omotosho, which restrained Governor Fubara from making any requests, presentations, or nominations to the Assembly except under the leadership of Speaker Martin Amaewhule.
“This judgment clearly goes beyond the 2024 budget and includes all subsequent presentations, such as that of the 2025 budget,” Bob asserted. He continued, criticizing Falana for downplaying the severity of operating without an appropriation law, and for wrongly asserting that the judgment did not address the membership of the Assembly.
Bob pointed out that the decision, affirmed by the Court of Appeal, upheld the status of the 27 legislators in the Rivers State House of Assembly, declaring them legally seated. According to Bob, the Federal High Court, not any other court, holds the jurisdiction to rule on matters concerning the vacancies of legislative seats, as outlined in Section 272(3) of the Constitution.
In his statement, Bob dismissed Falana’s argument that the Assembly members had lost their seats, labeling it “outrageous” and lacking legal merit. He further emphasized that constitutional provisions, including Section 109(1)(g), require judicial interpretation, and therefore, no constitutional provision is self-executing.
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Bob also took issue with Falana’s stance on the matter, calling it misleading and asserting that, regardless of Falana’s legal expertise, his personal opinion cannot override judicial decisions. “The law is what the courts decide it to be,” Bob concluded, citing Justice Oliver Wendell Holmes. He added that, given the ongoing legal challenges Governor Fubara faces due to alleged misconduct, Falana should respect the court’s ruling instead of misleading the public.
