From Godwin Tsa, Abuja
The Abuja division of the Court of Appeal has affirmed the judgment of the Federal High Court which nullified the 2024 Appropriation Bill of the State.
Justice James Omotosho of the Federal High Court had in his judgment on January 22, 2024, held that the budget was invalid as it was not properly presented before the Rivers State House of Assembly.
In affirming the decision of the Federal High Court, a three-member panel of the Court of Appeal led by Justice Joseph Olubumi Oyewale dismissed the appeal by Governor Fubara of Rivers State and others challenging the judgment for lacking in merit.
The appellate court held that the appellants having on January 8, 2024, voluntarily withdrawn his processes at the trial court have deemed to have admitted the case made by the plaintiffs and cannot appeal against the same judgment.
“By voluntarily withdrawn his processes at the trial court, the 11 respondent has forced a faux pas which cannot be redeemed by advocacy no matter how brilliant.
“A party cannot be allowed to approbate and re-approbate or blowing hot and cold at the same time. A party before a court must remain consistent