The Federal High Court In Abuja, Nigeria’s capital has nullified the N800 billion budget signed into law by the Rivers State Governor, Siminalayi Fubara
The presentation and passage of the Rivers State 2024 Budget by Ehie Edison led House of Assembly was on Monday, January 22, 2024 set aside on grounds of illegality and unconstitutionality.
The Court in a judgment restored the leadership, Martin Amaewhule as the lawful and authentic Speaker of the Rivers state House of Assembly.
In the judgment in a suit instituted against the National Assembly, Governor Siminalaye Fubara and others, Justice James Omotosho held that the Governor “Acted like a tyrant in the ways and manners the House of Assembly was demolished and its funds from the Consolidated Account withheld.
“There is nothing before this court showing that the River State House of Assembly is unable to carry out its functions,” Justice Omotosho said.
According to the Judge, 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.
He 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” and thereafter ordered governor Fubara to represent the budget to the legally constituted House of Assembly under Speaker Martin Amaewhule.
He held that the meeting of the four legislators where the budget was purportedly passed as a nullity and of no effect whatsoever.
Justice Omotosho said 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 judge squashed 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.
The court restrained Governor Fubara from frustrating House of Assembly under Amaewhule from sitting or interfering in the affairs of the House.
Justice Omotosho faulted the redeployment of the Clerk and Deputy Clerk out of the House of Assembly done by the Governor as an affront to the principle of separation of power and was declared null and void and set aside.
The judge ordered the Clerk and the Deputy Clerk to resume office in the House of Assembly immediately and unhindered.
Omotosho who resolved all issues in dispute against Governor Fubara having not challenged the allegations against him, issued some injunctive orders against him and other defendants.
“Governor Fubara was barred from disturbing, frustrating or interfering with the affairs of the State House of Assembly and State Legislators.
“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.
“Governor Fubara was also ordered to release immediately, 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 as 1st and 2nd plaintiffs had instituted the suit marked FHC/ABJ/CS/1613/2023.
In the amended originating summons filed on 11 December 2023 by their team of lawyers including Ken Njemanze, James Ogwu Onoja, Ferdinand Orbih and Moses Ebute, allSenior 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.
They also sued the Governor of Rivers State, Attorney-General of Rivers, Commissioner of Finance, Accountant-General of Rivers, Rivers State Civil Service Commission, Inspector-General of Police and Edison Ehie, who was also listed as Rivers State House of Assembly’s Speaker in the suit, as the 11th to the 17th defendants, respectively.
It would be recalled that on December 13, 2023, Governor Fubara presented the 2024 budget proposal of N800 billion to five members of the State Assembly led by Edison Ehie.
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.
