THE Federal High Court in Abuja has nullified the of Rivers State 2024 Appropriation Bill, already signed into law by Governor Siminilayi Fubara.
Justice James Omotosho, on Monday, January 22, ruled that the budget was invalid, as it was not properly presented before the Rivers State House of Assembly.
The court recognised Martin Amaewhule as the authentic Speaker of the Assembly, faulting Fubara’s meddling in the affairs of the legislative organ and acting unconstitutionally when by redeployed the Clerk and Deputy Clerk of the Assembly.
Justice Omotosho stressed that the governor lacked the statutory rights to interfere with the activities of the Assembly, adding that the conditions listed in Section 11 of the 1999 Constitution, as amended, which would have allow the National Assembly to take over the legislative affairs of Rivers State, have not occurred.
The Judge subsequently issued an order of injunction, restraining Fubara from impeding or frustrating the operations of the Assembly under Amaewhule’s leadership.
He also issued an order of injunction, restraining the defendants from entertaining any request from Fubara to take over the performance of the functions of the Assembly, including its role to make laws for the peace, order and good government of the state, in respect of matters that are within its constitutional and legislative competence.
The court barred the governor from proceeding with his plan to demolish the Assembly complex, further ordering the release of all outstanding funds to the Assembly.
Listed as defendants in the suit, marked FHC/ABJ/CS/1613/2023, were the National Assembly; Senate President; Deputy Senate President; Senate Majority Leader; Senate Minority Leader; Speaker of the House of Representatives; Deputy Speaker; House Majority Leader; House Minority Leader and Clerk to the National Assembly.
Others include Governor of Rivers State; Attorney General of Rivers State; Commissioner of Finance; Accountant General of Rivers State; Rivers State Civil Service Commission; Inspector General of Police and Edison Ehie.
The disagreement between Fubara and his predecessor, mentor, godfather and now Minister of the Federal Capital Territory (FCT), Mr. Nyesom Wike, had polarised major political actors, especially the lawmakers, and led to the crisis that almost resulted to a break down of law and order in the state.
Following alleged attempt by 25 members of the House, led by Amaewhule, to impeach the governor, a minority faction of five members, led by Ehie emerged and sat to approve the 2024 Appropriation Bill presented by the governor at its sitting within the Government House, after the Assembly complex was razed and later demolished by the state government over what it said was its deplorable condition as a result of the fire.
Following the intervention of President Bola Tinubu and a peace pact signed by the warring parties, thereof, Fubara was expected, among other things, to recognise Amaewhule as the authentic Speaker and re-present the Bill to a fully House.
But he was yet to do so, even after several reminders from the House, which had been sitting at the premises of its Legislative Quarters in Port Harcourt to perform its constitutional duties, including the recent re-screening and approval of former commissioners loyal to Wike that resigned from the Fubara cabinet at the peak of the crisis.
