Court of Appeal Judgement reaffirm Amaewhule as the Speaker but quash the Judgement stoping Rivers Allocation.
Court of Appeal Judgement on Rivers State crisis .
1. Rt. Hon. Martin Amaewhule is the Speaker and has the locus standi as the House of Assembly of Rivers State to institute the case against Governor Sim for spending without budget.
2. The Judges in their judgement agreed completely with Justice Omotosho and their brother judges in the the Court of Appeal that Gov Sim is in gross violation of the Constitution by spending without budget.
3. The Judges were unanimous in their decision that 4 members who received the Appropriation Bill from Sim remain a forum and not the Assembly of Rivers State.
4. The judgement still says Sim cannot spend without a budget and does not have one.
5. On the issue of withholding of Allocation, the judges were divided. 2 out of three said the Federal High Court has no jurisdiction to stop allocation while the other judge disagreed.
6. In conclusion the Court of Appeal Judgement Favours Rt. Hon. Martin Chike Amaewhule and the 27 members. The judgement still agrees with Rt. Hon. Martin Amaewhule that Gov Sim is gross violation of the Constitution and cannot spend or continue to spend without an approved Budget from Rt. Hon. Martin Chike Amaewhule. Lawyers know the judgement is not good for Sim. The same court that says you can receive the allocation also says you can’t spend.
7. On the issue of the arguments of Sim and his team that they have appealed against Justice Omotosho’s judgement at the Supreme Court and should be allowed to continue their illegalities pending the outcome, the Court of says they must obey judgment of Courts and in this case previous judgements that says Rt. Hon. Martin Amaewhule remains Speaker with his 27 colleagues and Sim can’t spend without a budget approved by the 27 lawmakers.
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