In a significant legal development, the Federal High Court in Abuja on Monday nullified the N800 billion budget signed into law by Rivers State Governor, Simi Fubara. The court’s decision came amidst a political feud between Fubara and FCT Minister, Nyesom Wike, adding another layer to the ongoing tension.
Governor Fubara had submitted the 2024 budget to a four-man House of Assembly for approval on December 13, a move that fueled the existing conflict with FCT Minister Wike. The court not only invalidated the budget but also upheld a suit filed by the Rivers House of Assembly and its Speaker, Martin Amaewhule, against Fubara. The suit sought an injunction restraining the governor from interfering with the assembly’s functions under Amaewhule’s leadership.
Amaewhule, a close ally of FCT Minister Wike, listed several key figures, including the National Assembly, Senate President, House of Representatives Speaker, and others, as defendants in the suit. The court heard accusations that Governor Fubara was impeding the state lawmakers’ performance, violating the doctrine of the separation of powers.
The court’s ruling addressed various aspects of the case. Justice James Omotosho noted that Edison Ehie, listed as the 17th defendant, had resigned from the River State Assembly. Consequently, the judge deemed Ehie lacking the capacity to sue or be sued in the matter.
Justice Omotosho dismissed a preliminary objection challenging the court’s jurisdiction, affirming that the suit was properly constituted. The judge disagreed with the plaintiffs on the extent of the governor’s powers, emphasizing the shared responsibilities of the executive, state house of assembly, and local government areas.
The judge clarified that the National Assembly could only assume the state assembly’s functions if the latter was unable to carry out its duties, as stipulated in the constitution and relevant laws. Justice Omotosho expressed concern over potential threats to democracy, cautioning that a governor should not exceed their power.
In a crucial ruling, the court declared the removal of the clerk of the Rivers State House of Assembly, Emeka Amadi, null and void. Justice Omotosho emphasized that the appointment of a clerk and deputy clerk was the prerogative of the Rivers State Speaker, subject to confirmation by lawmakers and governed by relevant state laws.
The judge affirmed that the first plaintiff, the Rivers State House of Assembly, is entitled to funds from the state’s Consolidated Revenue Fund, including salaries and emoluments. The court restrained Governor Fubara from interfering with the affairs of the Rivers State House of Assembly and withholding due funds.
In conclusion, Justice Omotosho declared that Governor Fubara, by himself or through state public service staff, is not entitled to interfere with the Rivers State House of Assembly’s functions. The judge issued a stern warning against actions that could jeopardize democracy. The court’s decision serves as a pivotal moment in the ongoing political turmoil in Rivers State, reaffirming the authority of the state assembly under Speaker Martin Amaewhule.
