The Federal High Court sitting in Abuja, has put an end to the political crisis rocking the Rivers state House of Assembly when it stopped the state governor, Siminalayi Fubara from interfering with the legislative functions of the House.
The Court held that the purported sitting of the Rivers state House of Assembly other than the one led by the second plaintiff was in violation of the interim order of the court.
Justice James Omotoso, also nullified the N800 billion budget passed by the Edison Ehie led group of the Rivers State House of Assembly and signed into law by the State Governor, Fubara.
The court also upheld the suit filed by the Assembly and Speaker Martin Amaewhule, against Fubara, which sought an order of injunction restraining the governor from frustrating the Assembly under his leadership as speaker, among others.
On December 13, 2023, in the heat of the protracted political crisis rocking the oil-rich state and the demolition of the Assembly Complex, Fubara presented the 2024 budget proposal of N800bn to five members of the State Assembly led by Edison Ehie, who would later resign from the House.
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 Ehie’s contender, Martins Amaewhule, from using the Assembly Complex.
Ehie and the other pro-Fubara lawmakers passed the budget estimates and the governor subsequently signed the bill into law, saying it is aimed at promoting economic development through inclusive growth and addressing socio-economic inequality in the state.
“Thus, the purported sitting of the four members of the House of Assembly in violation of the order of the court was a nullity.
The presentation of the 2024 budget of the state and appropriation bill by governor Fabura is void and considered not to have existed in the eyes of the law because it was in violation of the interim order of the Court”, the Judge held.0pp
In a judgement delivered by Justice Omotoso, the court held that the governor has no power to tamper with the funds meant for the Rivers State House of Assembly.
The Rivers State House of Assembly and its Speaker, Martin Amaewhule had, in a suit marked FHC/ABJ/CS/1613/2023 filed against Governor Siminalayi Fubara, the National Assembly and others sought the order of the Court stopping the defendants from interfering with the official functions of the House.
Justice Omotoso, in his judgment, ordered Fabura to release all monies standing in the credit of the State House of Assembly and to stop interfering or tampering with the funds allocated to the House.
The court also ordered the Rivers state government to release all monies credited to the Rivers House of Assembly, adding that the state government is not entitled to withhold funds meant for the state House of Assembly.
The state government was also restrained from withholding the salaries and emoluments of the Speaker and members of the Rivers state House of Assembly and held that the state governor cannot give any instructions to the State House of Assembly without passing such instructions through the Speaker of the House.
The court also held that there is nothing before the court to show that the Rivers state House of Assembly was unable to sit to carry out its duties to warrant taking over of its affairs by the National Assembly.
The Judge held that State Houses of Assembly should not be treated as if they are appendages of the National Assembly and voided the deployment of the Clerk and deputy clerk of the Rivers state House of Assembly.
He ordered the Inspector General of Police and the Nigeria Police Force to ensure the security of lives and maintenance of law and order in Rivers state.
While finding it strange for Governor Fabura to be interfering with the functions of the State House of Assembly, Justice Omotoso ordered the Rivers state government to stop further demolition of the Rivers State House of Assembly complex.
