The Federal High Court, Abuja on Monday, January 22, 2024, nullified the N800bn 2024 budget signed into law by the Rivers State Governor, Simi Fubara.
The Governor had, on December 13, 2023, presented the 2024 budget proposal to five members of the State Assembly led by Edison Ehie.
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 four other pro-Fubara lawmakers, passed the budget and the governor subsequently signed the bill into law.
However, a Federal High Court sitting in Abuja on Monday, nullified the ₦800 billion budget as passed by the Ehie group and signed into law by Fubara.
The court presided by Justice James Omotosho 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.
The court established that the budget’s presentation on December 13, 2023, and its subsequent approval by the state’s lawmakers, violated an interim court order dated November 30, 2023.
The Interim Court Order
The interim order had directed Governor Fubara and other implicated parties to abstain from meddling with the operations of the Rivers State Assembly under the leadership of Martin Amaewhule. It also prohibited the state’s executive from appointing or reappointing clerks in direct opposition to the regulations of the Rivers State House of Assembly Service Commission. Additionally, the National Assembly was enjoined from assuming the functions of the state assembly.
The Lawsuit and Its Implications
The Rivers House of Assembly and Amaewhule filed a case against several defendants, including the National Assembly and its leaders, the Governor of Rivers, and other state officials. The plaintiffs sought to preserve the status quo as of November 29, 2023, and safeguard the state assembly’s functioning under Amaewhule’s leadership. The ruling came after Governor Fubara’s legal team withdrew their opposition to the plaintiffs’ motion, which the court construed as a tacit acknowledgment of the plaintiffs’ allegations.
Ruling and Aftermath
Justice Omotosho upheld the suit, thereby nullifying the budget and affirming the plaintiffs’ claims regarding the unlawful removal of the Clerk of the Rivers State House of Assembly, unwarranted interference with the assembly’s operations, and the withholding of funds. The court also recognized Martins Amaewhule as the legitimate speaker of the state assembly, thereby invalidating any actions taken by the assembly without his leadership. The court urged Governor Fubara to reintroduce the budget to the legally constituted House of Assembly and barred him from interfering in their functions. The Inspector General of Police was also tasked with offering security to the Speaker and his loyal legislators.
Source: Punch and BNN
