BREAKING: HIGH COURT NULLIFIES PASSAGE OF 2024 RIVERS STATE BUDGET BY PRO FUBARA LAWMAKERS

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The N800 billion budget that the Edison Ehie-led faction of the Rivers State House of Assembly passed and Rivers State Governor Siminalayi Fubara signed into law has been declared void by Justice James of the Federal High Court in Abuja.

The court also upheld the lawsuit that Fubara was sued for by the Assembly and Speaker Martin Amaewhule. The lawsuit sought, among other things, an injunction prohibiting the governor from impeding the Assembly while he was speaker.

Fubara presented the N800 billion 2024 budget plan to five members of the State Assembly, chaired by Edison Ehie, on December 13, 2023, amid the intense political unrest roiling the oil-rich state and the Assembly Complex’s demolition.

The presentation took place at the Government House in Port Harcourt after the state government demolished the Assembly Complex and a judge barred Martins Amaewhule, the opponent of Ehie, from using it.

The governor signed the bill into law, with Ehie and the other parliamentarians who supported Fubara claiming it was intended to address socioeconomic inequalities in the state and promote inclusive growth for economic development.

After both sides met with President Bola Tinubu in Abuja, Ehie later tendered his resignation from the House, and Amaewhule was reinstated as Speaker of the Assembly.

The issue was then brought to court after Amaewhule and twenty-five other MPs who supported former governor Nyesom Wike insisted that Fubara submit the 2024 budget estimates to the Assembly once more.

Amaewhule’s attorney, Ken Njemanze, charged on Monday that the governor was violating the concept of the separation of powers by meddling in the operations and duties of the state legislature.

Hence, he requested a “prohibition order prohibiting the 1st through 10th defendants (NASS) from considering any proposal from the 11th defendant (Fubara) to assume the execution of the Rivers Assembly’s duties, such as enacting laws for the peaceful coexistence and orderly administration of Rivers concerning subjects falling under its constitutional and legislative purview.”

“An order of mandatory injunction compelling the Inspector General of Police (whether by himself or by officers and men of the Nigeria Police Force under his command) to provide and continue to provide adequate Security and protection for the 1st Plaintiff under the leadership of the 2nd Plaintiff as the Speaker of the Rivers State House of Assembly for the purpose of transacting the business of the 1st Plaintiff.

“An order restraining Fubara including the 12th, 13th and 14th defendants from withholding any amount standing to the credit of Rivers Assembly in the state’s Consolidated Revenue Fund, including salaries and emoluments due and payable to the speaker, deputy speaker and other members of the house as well as to the clerk, deputy clerk and other members of staff of the assembly,” the plaintiff’s prayed among other reliefs.

In the alternative, the plaintiff sought an order of injunction restraining the respondents from denying the Assembly the due funds for running its affairs including the payment of salaries, allowances, emoluments and meeting its financial obligations no matter how described.

First, Justice James Omotosho observed that the 17th defendant, Ehie, said through his lawyer, Oluwole Aladedoye, that he has resigned from the River State Assembly.

Omotosho said Ehie lacked the capacity to sue or be sued in the case as he is no longer the Speaker or a member of the Assembly.

On the preliminary objection challenging the jurisdiction of his court, Omotosho held the suit was properly constituted before him.

Omotosho disagreed with the plaintiffs on the powers of the governor, noting that the power to make laws in a state are shared between the executive, the state Assembly and local government areas.

With respect to the National Assembly taking over the functions of the State Assembly, the judge said that can only happen when the state lawmakers are no longer sitting and transacting business as enshrined in the 1999 Constitution and other relevant laws.

“There is nothing before this court showing that the River State House of Assembly is unable to carry out its functions,” Justice Omotosho said, and ruled that the issue was resolved in favour of the plaintiffs.

On the removal of the Clerk of the Rivers State House of Assembly, Emeka Amadi, who was redeployed by the Rivers State Head of Service, Justice Omotosho declared it null and void and invalid in the face of the law.

Omotosho said the constitution is clear that the appointment of a Clerk and Deputy Clerk is done by the Rivers State Speaker and is subject to confirmation by the lawmakers, and that their appointment, remuneration is governed by the Rivers State House Of Assembly Law, even though they are civil servants.

The judge said the first plaintiff is entitled to funds or amount standing to the credit of Rivers Assembly in the state’s Consolidated Revenue Fund, including salaries and emoluments and that same cannot be stopped by anyone including the governor.

‘Don’t Exceed Your Powers’, Judge Warns Fubara

Omotosho said the court is against any plan to jeopardise democracy, warning that a governor should not “exceed his power”.

The judge thereby declared that the governor of Rivers State, by himself or by members of the staff of the Rivers State Public Service are not entitled to take steps aimed at interfering the affairs of the River State House of Assembly, and the Speaker, in the performance of their duties.

The judge said the governor cannot withhold the due funds of the lawmakers in the state’s Consolidated Revenue Fund.

The judge subsequently restrained the National Assembly from accepting any requests from the governor.

The judge also observed that the governor’s legal team had withdrawn all his processes in the matter, adding that it means that he admitted all the facts stated by the plaintiffs.

The judge held that based on facts before his court, Amaewhule remained the valid Speaker of the Rivers State Assembly.

The judge said the purported sitting of Ehie and four other lawmakers who sat to pass the budget of the state is null and void.

Omotosho said the court found it strange that the governor would destroy the Rivers State Assembly building as well as present appropriation bill to five lawmakers.

He declared the presentation of the bill to the five lawmakers void.

The judge granted the order setting aside the purported Appropriation Bill signed, despite the interim order of his court, restraining him.

The judge also granted the order restraining the governor from continuing the demolition or construction of the Rivers State building.

The court said all the acts of the governor with four lawmakers is a nullity and he should go through the lawmakers presided by Amaewhule.