By Ken Afor
The N800 billion budget approved by the Rivers State House of Assembly, led by Edison Ehie, and subsequently signed into law by Governor Siminalayi Fubara, has been invalidated by Justice James Omotosho of the Federal High Court, Abuja.
The court further affirmed the lawsuit initiated by the Assembly and Speaker Martin Amaewhule against Fubara. The lawsuit aimed to obtain an injunction preventing the governor from impeding the Assembly’s activities while Speaker Amaewhule was in charge, among other requests.
It would be recalled that on December 13, 2023, amid the ongoing political crisis in the oil-rich state and the destruction of the Assembly Complex, Fubara delivered the 2024 budget proposal of N800bn to a group of five State Assembly members, led by Edison Ehie.
The presentation occurred at the Government House in Port Harcourt, following the demolition of the Assembly Complex by the state government. This happened after a court order prevented Ehie’s opponent, Martins Amaewhule, from utilizing the Assembly Complex.
Ehie and other lawmakers who supported Fubara approved the budget estimates, and subsequently, the governor signed the bill into law. The governor emphasized that the budget aims to foster economic development by promoting inclusive growth and addressing socio-economic inequality within the state.
After a meeting with President Bola Tinubu in Abuja, Ehie decided to step down from his position in the House, allowing Amaewhule to be reinstated as the Speaker.
However, Amaewhule and 25 other lawmakers loyal to ex-Governor Nyesom Wike raised concerns and demanded that Fubara present the 2024 budget estimates to the Assembly again, leading to the matter being taken to court.
But, on Monday, Ken Njemanze, who serves as counsel for Amaewhule, accused the governor of interfering with the duties and responsibilities of the state lawmakers, contravening the principle 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”.
“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,” the plaintiff’s prayed among other reliefs.
Alternatively, the plaintiff requested a court order to prevent the respondents from withholding funds from the Assembly, crucial for the smooth functioning of its operations, including the payment of salaries, allowances, and other financial obligations.
Justice James Omotosho, in his observation, noted that the 17th defendant, Ehie, had resigned from the Rivers State Assembly, as indicated by his lawyer, Oluwole Aladedoye.
Consequently, Omotosho concluded that Ehie no longer held the position of Speaker or a member of the Assembly, lacking the legal capacity to be involved in the lawsuit.
Regarding the preliminary objection challenging the court’s jurisdiction, Omotosho ruled that the lawsuit was appropriately filed before him.
Furthermore, Omotosho disagreed with the plaintiffs’ argument concerning the powers of the governor. He emphasized that the authority to enact laws in a state is shared among the executive, the state Assembly, and local government areas.
The judge underscored that the National Assembly can only assume the responsibilities of the State Assembly if the state lawmakers are not actively conducting business, as stipulated in the 1999 Constitution and other applicable laws.
“There is nothing before this court showing that the River State House of Assembly is unable to carry out its functions,” Justice Omotosho said, and ruled that the issue was resolved in favour of the plaintiffs.
Justice Omotosho declared the removal of Emeka Amadi, the Clerk of the Rivers State House of Assembly, redeployed by the Rivers State Head of Service, null and void. According to Omotosho, the constitution clearly states that the appointment of a Clerk and Deputy Clerk is the responsibility of the Rivers State Speaker, confirmed by lawmakers, and governed by the Rivers State House Of Assembly Law.
In his ruling, the judge emphasized the first plaintiff’s entitlement to funds from the Rivers Assembly’s Consolidated Revenue Fund, stating that no one, including the governor, has the authority to stop these payments.
Omotosho opposed actions undermining democracy, cautioning against a governor overstepping his power. He ruled that the governor is not authorized to interfere with the affairs of the River State House of Assembly and its Speaker.
The judge prohibited the governor from withholding lawmakers’ rightful funds and issued an injunction preventing the National Assembly from accepting any requests made by the governor.
Noting the governor’s legal team’s withdrawal of all submissions, the judge affirmed Amaewhule as the legitimate Speaker and declared the session conducted by Ehie and others passing the state’s budget as invalid.
Expressing surprise at the governor demolishing the Assembly building and presenting a bill to only five lawmakers, Omotosho deemed the presentation as null and void.
The judge granted an order invalidating the Appropriation Bill signed despite the interim order from his court restraining such actions. Additionally, an order was issued to prevent the governor from further demolishing or constructing the Rivers State building.
The court declared all actions by the governor and the four lawmakers invalid, mandating the governor to work with the lawmakers presided over by Amaewhule.
