Adedapo Adesanya
By Adedapo Adesanya
Justice James Omotosho of the Federal High Court Abuja has nullified the N800 billion 2024 budget passed by the Edison Ehie-led group of the Rivers State House of Assembly and signed into law by Governor Siminalayi Fubara.
The court also upheld the suit filed by the Assembly and the now-recognized Speaker of the House, Mr Martin Amaewhule, against Mr Fubara, which sought an order of injunction restraining the governor from frustrating the Assembly under his leadership as a speaker, among others.
Recall that in October 2023, a political crisis rocked the South-South state after a fire burnt the Assembly complex, which led to its demolition in December. In the midst of these issues, Mr Fubara presented the 2024 budget proposal of N800 billion to five out of a supposed 31 members of the State Assembly led by the then-factional speaker, Mr 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 Mr Amaewhule, from using the Assembly Complex.
Mr Ehie and the other pro-Fubara lawmakers passed the budget estimates under 24 hours and the Governor signed the bill into law, saying it is aimed at promoting economic development through inclusive growth and addressing socio-economic inequality in the state.
Mr Ehie would later resign from the House and Mr Amaewhule was restored as the Assembly’s Speaker after both sides met with President Bola Tinubu in Abuja.
Mr Amaewhule and 25 other lawmakers loyal to ex-Governor Nyesom Wike subsequently demanded that Fubara present the 2024 budget estimates to the Assembly afresh and the matter was taken to court.
On Monday, Mr Ken Njemanze, who is counsel for Mr Amaewhule, accused the governor of interfering with the performance and functions of the state lawmakers contrary to the doctrine of the separation of powers.
The plaintiff also sought an order of injunction restraining the respondents from denying the Assembly the due funds for running its affairs including the payment of salaries, allowances, emoluments, and meeting its financial obligations no matter how described.
In his response, Justice Omotosho observed Mr Ehie could not sue or be sued in the case as he is no longer the Speaker or a member of the Assembly.
On the preliminary objection challenging the jurisdiction of his court, Justice Omotosho held the suit was properly constituted before him.
He disagreed with the plaintiffs on the powers of the governor, noting that the power to make laws in a state is shared between the executive, the state Assembly, and local government areas.
Concerning the National Assembly taking over the functions of the State Assembly, the judge said that can only happen when the state lawmakers are no longer sitting and transacting business as enshrined in the 1999 Constitution and other relevant laws.
On the removal of the Clerk of the Rivers State House of Assembly, Mr Emeka Amadi, who was redeployed by the Rivers State Head of Service, Justice Omotosho declared it null and void and invalid in the face of the law.
Justice Omotosho said 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 and remuneration are governed by the Rivers State House Of Assembly Law, even though they are civil servants.
The judge 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.
The judge declared that the governor of Rivers State, by himself or by members of the staff of the Rivers State Public Service is not entitled to take steps aimed at interfering with the affairs of the River State House of Assembly, and the Speaker, in the performance of their duties.
The judge said the governor cannot withhold the due funds of the lawmakers in the state’s Consolidated Revenue Fund and he restrained the National Assembly from accepting any requests from the governor.
The judge also observed that the governor’s legal team had withdrawn all his processes in the matter, adding that it means that he admitted all the facts stated by the plaintiffs.
The judge held that based on facts before his court, Mr Amaewhule remained the valid Speaker of the Rivers State Assembly and said the purported sitting of Ehie and four other lawmakers who sat to pass the budget of the state is null and void.
Justice Omotosho said the court found it strange that the governor would destroy the Rivers State Assembly building as well as present an appropriation bill to five lawmakers.
He declared the presentation of the bill to the five lawmakers void and granted the order setting aside the purported Appropriation Bill signed, despite the interim order of his court, restraining him.
The judge also granted the order restraining the governor from continuing the demolition or construction of the Rivers State building.
The court said all the acts of the governor with four lawmakers is a nullity and he should go through the lawmakers presided by Mr Amaewhule.
