Fubara In Trouble As Court Nullifies Rivers State 2024 Budget
…Bars Gov Fubara from frustrating House of Assembly
A Federal High Court sitting in Abuja on Monday, January 22, 2024 voided the passage of the Rivers State 2024 Budget that was passed by the four member House of Assembly led by Ehie Edison.
The Court presided over by Justice James Omotosho, described the presentation and passage of the Appropriation Bill as an aberration and therefore set it aside on ground of illegality and unconstitutionality.
The Court also restored the leadership of Hon Martin Amaewhule, who is leading the 25 legislators loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, as the lawful and authentic Speaker of the House of Assembly.
Delivering judgment in a suit instituted against the National Assembly, Governor Siminalaye Fubara and others, Justice Omotosho held that the Rivers State Governor acted like a tyrant in the ways and manners the House of Assembly was demolished and its funds from the Consolidated Account withheld.
The Court therefore ordered Govbernor Fubara to represent the budget to the legally constituted House of Assembly under the Speakership of Hon. Martin Amaewhule, adding that the meeting of four legislators where the budget was purportedly passed was a nullity and of no effect whatsoever.
Justice Omotosho said that the presentation of the budget by the Governor to the four lawmakers was a contempt to his order issued against him from taking any action on the House of Assembly because of the pendency of the suit.
The trial judge also quashed the withholding of the House of Assembly fund by Governor Fubara on the ground that he has no Constitutional power to do so and ordered him to immediately release the funds to Martin Amaewhule leadership.
Justice Omotosho also restrained Fubara from frustrating the House of Assembly under Amaewhule from sitting or interfering in the affairs of the House.
The Court while faulting the redeployment of the Clerk and Deputy Clerk out of the House of Assembly by Governor Fubara, said it was an affront to the principle of separation of powers and therefore declared it null and void and set it aside.
Accordingly, the Court ordered the Clerk and the Deputy Clerk to resume office in the House of Assembly immediately and unhindered.
The Court resolved all the issues in dispute against Governor Fubara since he did not challenged any of the allegations against him and also issued some injunctive orders against him and other defendants.
Towards this end, the Court barred Governor Fubara from disturbing, frustrating or interfering with the affairs of the State House of Assembly and State Legislators and also ordered the Inspector General of Police and his agents to immediately give adequate security to the Speaker and legislators loyal to former Governor Nyesom Wike.
In the same vein, the National Assembly was barred from taking over the Rivers State House of Assembly or accept or treat any request from Governor Fubara to any effect.
The Court also ordered Governor Fubara to release all monies standing in the credit of the House of Assembly to Martin Amaewhule led House of Assembly.
The Rivers House of Assembly and its Speaker, Martin Amaewhule who were the 1st and 2nd plaintiffs had instituted the suit marked FHC/ABJ/CS/1613/2023.
In the amended originating summons filed on December 11, 2023 by their team of lawyers including Ken Njemanze, James Ogwu Onoja, Ferdinand Orbih and Moses Ebute, all
Senior Advocates of Nigeria (SAN), the plaintiffs sued the National Assembly, Senate President, Deputy Senate President, Senate Majority Leader, and Senate Minority Leader as the 1st to the 5th defendants respectively.
The House of Representatives Speaker, House Deputy Speaker, House Majority Leader, House Minority Leader, Clerk to the National Assembly were also sued as the 6th to the 10th defendants, respectively.
