The Court of Appeal sitting in Abuja, on Thursday, affirmed the judgement of the Federal High Court which set aside the N800 billion budget passed by the Rivers State House of Assembly faction loyal to Governor Siminalayi Fubara.
Justice Omotosho had nullified the 2024 Rivers budget passed by pro-Fubara lawmakers and set aside the presentation and passage of the Rivers state 2024 budget.
In the judgment delivered by Justice Omotoso ordered Siminalayi Fubara, Rivers Governor, to re-present the budget to the legally constituted House of Assembly under Martin Amaewhule.A
Fubara had presented the budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’ of N800 billion to five out of the over 30 lawmakers of the state house of assembly in December 2023.
But the other faction loyal to the Minister of Federal Capital Territory (FCT), rejected the action of pro-Fubara lawmakers, describing it as illegal.
They had filed a suit before a Federal High Court in Abuja, demanding that the act be declared null and void.
In his judgement, Justice James Omotosho nullified the budget passed by pro-Fubara lawmakers and set aside the presentation and passage of the Rivers state 2024 budget.
The judge ordered Fubara to re-present the budget to the Martin Amaewhule House of Assembly loyal to Wike.
In the judgment, Justice Omotoso ordered Fubara to release all funds accruable to the Rivers House of Assembly and barred the governor from interfering with the activities of the assembly.
The court also nullified the redeployment of the clerk and deputy clerk of the state assembly by the state’s head of civil service.
The judge held that the appointment of a clerk and deputy clerk is the responsibility of the Speaker, as contained in the Rivers State Assembly Service Commission law.
The court further ruled that the inspector-General of Police and the Nigeria Police Force were duty-bound to continue to provide security for all Rivers citizens, including members of the state assembly.
The court also ordered a pause on the planned demolition and reconstruction of the Rivers State Assembly complex.
The National Assembly was barred from taking over the Rivers assembly or accepting or treating any request from the state governor.
Justice Omotosho also set aside the Rivers’ N800 billion budget passed by five members of the House led by the Edison Ehie-led group.
The judge held that the presentation of the appropriation bill by Gov. Siminalayi Fubara on Dec. 13, 2023, and its passage by the lawmakers amounted to nullity following an interim order made by the court on Nov. 30, 2023.
Justice Omotosho, who made an order of injunction restraining Fubara and other defendants from interfering with the state’s assembly led by Martin Amaewhule, held that the passage of the bill into law was a wilful breach of the court order.
The judge also stopped the governor or any members of the state executive arm from appointing or reposting any person as a clerk or deputy clerk of the assembly in contravention of the laws governing the Rivers State House of Assembly Service Commission.
He further made an order restraining the National Assembly from taking over the state’s assembly.
Justice Omotosho held that the decision of the court was premised on the earlier order made on Nov. 30, 2023, and the facts that Fubara, who was the 11th defendant in the case, withdrew his processes in opposition to the plaintiffs’ originating motion.
Having withdrawn his counter-affidavit and other processes in this case, the judge said, it is deemed that the governor has admitted the facts in the motion since it was not challenged.
The Rivers House of Assembly and Amaewhule are 1st and 2nd plaintiffs in the suit.
In the amended originating summons dated Dec. 7, 2023, but filed Dec. 11, 2023, by their team of lawyers including Ken Njemanze, SAN, Ferdinand Orbih, SAN, among others, the plaintiffs sued the National Assembly, Senate President, Deputy Senate President, Senate Majority Leader, Senate Minority Leader as 1st to 5th defendants respectively.
Also joined in the suit include the House of Representatives Speaker, House Deputy Speaker, House Majority Leader, House Minority Leader, and Clerk to National Assembly as 6th to 10th defendants.
They also sued the Governor of Rivers, Attorney-General of Rivers, Commissioner of Finance, Accountant-General of Rivers, Rivers State Civil Service Commission, Inspector-General (I-G) of Police, and Rt. Honourable Edison Ehie, who is also listed as Rivers Assembly’s Speaker in the suit, as the 11th to 17th defendants respectively.
The plaintiffs sought an order directing all parties to maintain the status quo as of Nov. 29, 2023.
They also 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 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 sought an order of injunction restraining Gov. Fubara from impeding or frustrating the assembly under Amaewhule’s leadership as its speaker.
They equally sought 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.
Alternatively, they sought an order of injunction restraining them from denying the assembly of the due funds for running its affairs including the payment of salaries, allowances, emoluments, and meeting its financial obligations no matter how described, among other 11 reliefs.
