A Federal High Court in Abuja, the federal capital territory (FCT), has overturned Rivers State’s 2024 budget, which Governor Siminalayi Fubara signed into law.
According to TheNewsGuru.com (TNG), the court ruled null and illegal the approval of the 2024 Rivers State Appropriation Bill by the four-member Rivers House of Assembly, led by former House Leader Edison Ehie.
Recall Governor Fubara has signed into law a N800 billion budget approved by five House members, led by the Edison Ehie group.
Justice James Omotosho ruled in a decision that Fubara’s presentation of the appropriation bill on December 13, 2023, and its passage by parliament were null and void following the court’s interim ruling on November 30, 2023.
Justice Omotosho, who issued an injunction prohibiting Fubara and other defendants from interfering with the state assembly led by Martin Amaewhule, determined that the bill’s passage into law constituted a willful violation of the court order.
The judgment further prohibited the governor or other members of the state executive branch from selecting or reappointing anyone as a clerk or deputy clerk of the assembly in violation of the statutes regulating the Rivers State House of Assembly Service Commission.
He also issued an injunction prohibiting the National Assembly from taking over the state’s assembly.
Justice Omotosho ruled that the court’s judgment was based on an earlier ruling issued on November 30, 2023, and the fact that Fubara, the 11th defendant in the case, withdrew his processes in opposition to the plaintiffs’ originating petition.
After withdrawing his counter-affidavit and other proceedings in this case, the judge ruled that the governor conceded the facts in the motion since they were not disputed.
The Rivers House of Assembly and Amaewhule are 1st and 2nd plaintiffs in the litigation marked: FHC/ABJ/CS/1613/2023.
The plaintiffs sued the NASS, Senate President, Deputy Senate President, Senate Majority Leader, and Senate Minority Leader as the first to fifth defendants in the amended originating summons dated December 7, 2023 but filed December 11, 2023 by their team of lawyers, which included Ken Njemanze, SAN, and Ferdinand Orbih, SAN, among others.
The action also names the House of Representatives Speaker, House Deputy Speaker, House Majority Leader, House Minority Leader, and Clerk to the NASS as defendants 6th through 10th.
They also sued the Governor of Rivers, the Attorney-General of Rivers, the Commissioner of Finance, the Accountant-General of Rivers, the Rivers State Civil Service Commission, the Inspector-General (I-G) of Police, and the Rt. Honourable Edison Ehie, who is also the Speaker of the Rivers Assembly, as the 11th and 17th defendants in the suit, respectively.
The plaintiffs requested an injunction requiring all parties to maintain the status quo as of November 29, 202.
They also sought an injunction prohibiting the first through tenth defendants (NASS) from entertaining any request from the eleventh defendant (Fubara) to assume the functions of the Rivers Assembly, including its role in making laws for the peace, order, and good government of Rivers in matters within its constitutional and legislative competence.
“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 1* Plaintiff under the leadership of the 2” Plaintiff as the Speaker of the Rivers State House of Assembly for the purpose of transacting the business of the 1% Plaintiff.
They requested an injunction to prevent Gov. Fubara from obstructing or frustrating the assembly, which was led by Amaewhule as speaker.
They also sought an order prohibiting Fubara, along with the 12th, 13th, and 14th defendants, from withholding any amount standing to the credit of the 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 the clerk, deputy clerk, and other assembly staff members.
Alternatively, they requested an injunction prohibiting them from denying the assembly the necessary finances to manage its activities, including the payment of wages, allowances, and emoluments, as well as the fulfillment of its financial responsibilities, no matter how stated, among other 11 reliefs.
