Justice James Omotosho of the Federal High Court Abuja has nullified the N800 billion budget passed by the Edison Ehie-led group of the Rivers State House of Assembly.
The court upheld the suit filed by the Assembly and Speaker Martin Amaewhule against Governor Siminalayi Fubara, seeking an injunction to restrain the governor from frustrating the Assembly under Amaewhule’s leadership.
Amidst a political crisis and the demolition of the Assembly Complex on December 13, 2023, Governor Fubara presented the 2024 budget proposal of N800bn to a limited group at the Government House in Port Harcourt. The Assembly Complex was demolished by the state government, and a court order restrained Ehie’s contender, Martins Amaewhule, from using it.
Ehie and pro-Fubara lawmakers passed the budget, emphasising its focus on economic development and addressing socio-economic inequality. Following Ehie’s resignation, Amaewhule was reinstated as the Assembly’s Speaker after discussions with President Bola Tinubu in Abuja.
Amaewhule and 25 lawmakers loyal to ex-Governor Nyesom Wike demanded that Fubara present the 2024 budget estimates afresh, leading to a legal dispute.
On Monday, Ken Njemanze, counsel for Amaewhule, accused Governor Fubara of interfering with the state lawmakers’ functions, violating the doctrine of the separation of powers.
Njemanze, therefore, 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 1st Plaintiff under the leadership of the 2nd Plaintiff as the Speaker of the Rivers State House of Assembly for the purpose of transacting the business of the 1st Plaintiff.
“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,” the plaintiff’s prayed among other reliefs.
Alternatively, the plaintiff sought an injunction restraining the respondents from withholding funds essential for the Assembly’s operations, encompassing salaries, allowances, emoluments, and meeting financial obligations, regardless of their description.
Initially, Justice James Omotosho noted that the 17th defendant, Ehie, stated through his attorney, Oluwole Aladedoye, that he had resigned from the Rivers State Assembly.
Omotosho asserted that Ehie lacks the capacity to sue or be sued in this case, given his resignation as the Speaker and a member of the Assembly.
Addressing the preliminary objection challenging his court’s jurisdiction, Omotosho affirmed that the suit was properly constituted before him.
Disagreeing with the plaintiffs regarding the governor’s powers, Omotosho noted that the authority to enact laws in a state is shared among the executive, the state Assembly, and local government areas.
Concerning the National Assembly taking over State Assembly functions, the judge clarified that such a scenario could only occur when state lawmakers are no longer conducting business, as stipulated in the 1999 Constitution and other relevant laws.
“There is nothing before this court showing that the River State House of Assembly is unable to carry out its functions,” Justice Omotosho said, and ruled that the issue was resolved in favour of the plaintiffs.
Justice Omotosho declared the removal of the Clerk of the Rivers State House of Assembly, Emeka Amadi, who was redeployed by the Rivers State Head of Service, null and void, saying its invalidity in the eyes of the law.
Highlighting constitutional provisions, Omotosho clarified that the appointment of a Clerk and Deputy Clerk is the prerogative of the Rivers State Speaker, subject to confirmation by lawmakers. Their appointment and remuneration, although civil servants, are governed by the Rivers State House Of Assembly Law.
The judge asserted that the first plaintiff is entitled to funds in the credit of Rivers Assembly in the state’s Consolidated Revenue Fund, including salaries and emoluments.
He stressed that such entitlement cannot be halted by anyone, including the governor.
