A Federal High Court in Abuja has nullified the N800 billion budget passed by the Edison Ehie led group of the Rivers State House of Assembly and signed into law by the Rivers State Governor, Siminalayi Fubara.
The court also upheld the suit filed by the Assembly and Speaker Martin Amaewhule, against Fubara, which sought an order of injunction restraining the governor from frustrating the Assembly under his leadership as speaker, among others.
The presiding judge, James Omotosho, held that everything done by the 4 lawmakers was null and void.
The court also recognised Amaewhule as the speaker of the state assembly.
Court stops Fubara from interference
The counsel to Amaewhule, Ken Njemanze, had accused Governor Fubara of interfering with the performance and functions of the state lawmakers contrary to the doctrine of the separation of powers.
He, therefore, sought an “order of injunction restraining the 1st to 10th defendants (NASS) from entertaining any request from the 11th defendant (Fubara) to take over the performance of the functions of Rivers Assembly, including its role to make laws for the peace, order and good government of Rivers in respect of matters that are within its constitutional and legislative competence”.
The plaintiffs among others sought,
- “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.’’
Justice Omotosho, while ruling on the issue of the National Assembly taking over the functions of the State Assembly, 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.
- The judge said, “There is nothing before this court showing that the River State House of Assembly is unable to carry out its functions,” 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.
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.
Strange for 5 lawmakers to pass budget
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 4 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 5 lawmakers void.
The judge granted the order setting aside the purported Appropriation Bill signed, despite the interim order of his court, restraining him.
What you should know
- Recall that on December 13, during the protracted political crisis rocking Rivers State, Governor Fubara had presented an N800 billion 2024 Appropriation Bill to a faction of the state House of Assembly, comprising 4 lawmakers.
- The presentation was done at the Government House in Port Harcourt, following the demolition of the Assembly Complex by the state government and after a court restrained Ehie’s contender, Martins Amaewhule, from using the Assembly Complex.
- Ehie and the other pro-Fubara lawmakers passed the budget estimates and the governor subsequently signed the bill into law, saying it is aimed at promoting economic development through inclusive growth and addressing socio-economic inequality in the state.
- Following the passage of the budget by the lawmakers, Fubara subsequently signed the budget into law.
- The Rivers Assembly became factionalised following a move by 27 lawmakers loyal to ex-governor Nyesom Wike to impeach Fubara.
