In a surprising ruling on Monday, the Federal High Court in Abuja, led by Justice James Omotoso, invalidated the N800 billion budget signed into law by Rivers State Governor Siminalayi Fubara, compelling him to retable the budget before the legislature.
In a show of dissent, civil society groups gathered at the Rivers State Government House in Port Harcourt on Monday, protesting and admonishing Governor Siminalayi Fubara against the unconstitutional act of resubmitting the budget nullified by the court.
In December, Siminalayi Fubara officially approved the N800 billion 2024 budget, a document ratified by a faction of five lawmakers in the state Assembly. The schism within the Rivers Assembly arose from a faction of 27 lawmakers loyal to ex-governor Nyesom Wike, seeking the impeachment of Fubara.
The bid to impeach Fubara by lawmakers highlighted the strained ties between Fubara and his political mentor, Wike. During the 2024 budget presentation, Fubara avoided the 27 pro-Wike lawmakers, led by Speaker Martins Amaewhule, and instead presented the budget to five loyalists, led by Edison Ehie.
Amidst the crisis, the 27 pro-Wike lawmakers switched allegiance from the Peoples Democratic Party to the All Progressives Congress. In response, the pro-Fubara lawmakers declared their seats vacant.
Reacting to the development, the pro-Wike lawmakers initiated a legal challenge, filing a suit marked FHC/ABJ/CS/1613/2023 to contest the decision to declare their seats vacant. The National Assembly, Senate President, Deputy Senate President, Senate Majority Leader, and Senate Minority Leader were named as defendants in the suit.
The pro-Wike lawmakers broadened their legal challenge, listing additional defendants in the suit marked FHC/ABJ/CS/1613/2023, which now includes the Speaker, Deputy Speaker, Majority Leader, Minority Leader, and Clerk of the National Assembly.
The Governor of Rivers State, Attorney-General of Rivers State, Commissioner of Finance, Accountant-General of Rivers, Rivers State Civil Service Commission, Inspector-General of Police, and Edison Ehie were also listed as defendants.
As part of their legal plea, the pro-Wike lawmakers requested, among other reliefs, an injunction preventing the National Assembly from assuming the responsibilities of the Rivers State House of Assembly during the ongoing crisis.
They further beseeched the court to nullify all actions carried out by the five pro-Fubara lawmakers, including the passing of the 2024 budget.
Delivering judgment on the case on Monday, Justice Omotosho declared ‘the purported sitting of Ehie and four other lawmakers who sat to pass the budget of the state as null and void.’
‘The order seeking to set aside the appreciation bill signed by the governor despite an interim order is hereby granted,’ the judge held.
Subsequently, the court directed the governor to resubmit the budget to the duly constituted House of Assembly, under the leadership of Amaewhule.
Criticizing the governor’s actions, the judge deemed the redeployment of the Clerk and Deputy Clerk of the Rivers State Assembly as beyond the governor’s constitutional powers.
Justice Omotosho held, ‘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 lawmaker, and that their appointment, remuneration is governed by the Rivers State House of Assembly Law, even though they are civil servants.’
He ordered that the Clerk and the Deputy Clerk to resume office immediately and unhindered.
The judge also granted the order restraining the governor from continuing the demolition or construction of the Rivers State building.
The court also restrained the governor from frustrating the House of Assembly under Amaewhule from sitting or interfering in the affairs of the House.
‘This court hereby declared that the Governor of Rivers State, by himself or by members of staff of the Rivers State Public Service, are not entitled to take steps aimed at interfering in the affairs of the River State House of Assembly, in the performance of their duties,’ Justice Omotoso held.
The judge also held that the governor could not withhold the funds of the lawmakers in the state’s Consolidated Revenue Fund.
‘The first plaintiff is entitled to funds or amount standing to the credit of the 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 said.
A coalition of civil society organizations in Rivers State staged a protest on Monday in front of the Government House in Port Harcourt, warning Fubara not to present the 2024 Appropriation bill to the Amaewhule-led Assembly. The CSOs argued that, by defecting from the PDP to the APC, the pro-Wike lawmakers had lost their seats
Speaking to the protest, the chairman of the coalition, Enefaa Georgewill, said, ‘We have watched with keen interest desperate efforts made by few people and anti-democratic elements to avert democracy and undermine the sacred office of the executive governor of our dear state.’
‘The Martin Amaewhule-led House of Assembly does not exist in the eyes of the law by the provision of Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria.’
‘To pretend to constitute itself and continue conducting the business of legislation on behalf of Rivers State is untoward, illegal and reprehensible.’
‘The governor’s action should be controlled and dictated by our laws. Anything outside that is null and void. The office of the President, the office of the Governor, the office of the parliamentarians be it at the national, state or at the local level are all products of law.’
‘Therefore, any attempt for the governor to deviate from those dictates and spirit of our laws, such a position taken by the governor or any other person is declared null and void.’
‘We won’t equally fail to challenge any action of the governor that does not follow the dictates of our laws.’