Abuja, January 22, 2024 – In a landmark ruling on Monday, the Federal High Court in Abuja nullified the N800bn budget signed into law by Rivers State Governor, Siminalayi Fubara. Justice James Omotoso ordered Fubara to present the budget afresh to the legislature, citing constitutional irregularities.
The controversial budget, signed by Fubara in December 2023, faced legal challenges as it was passed by a faction of the state Assembly comprising only five lawmakers. This division arose from a power struggle between Fubara and his political godfather, ex-governor Nyesom Wike.
When it was time to present the 2024 budget to the Assembly, Fubara ignored the 27 pro-Wike lawmakers and presented it to a group of five lawmakers loyal to him. The crisis deepened as the pro-Wike lawmakers defected to the All Progressives Congress (APC), leading to a legal battle marked by a suit filed to challenge the attempt to declare their seats vacant.
In delivering the judgment on Monday, Justice Omotoso declared the sitting of Edison Ehie and four other lawmakers who passed the budget as null and void. He further ordered Governor Fubara to re-present the budget to the legally constituted House of Assembly led by Speaker Martins Amaewhule.
The judge also criticized the redeployment of the Clerk and Deputy Clerk of the Rivers State Assembly by the governor, stating that such actions were beyond the governor’s power. Justice Omotoso ordered the immediate and unhindered resumption of the Clerk and Deputy Clerk to their offices.
Furthermore, the court granted an injunction restraining the governor from continuing the demolition or construction of the Rivers State building. It also barred the governor from interfering with the affairs of the House of Assembly under Amaewhule.
In response to the judgment, a coalition of civil society organizations (CSOs) protested in front of the Government House in Port Harcourt. They warned Governor Fubara against representing the 2024 Appropriation bill to the Amaewhule-led Assembly, arguing that the pro-Wike lawmakers had lost their seats after defecting to the APC.
Enefaa Georgewill, chairman of the coalition, emphasized the need for the governor to adhere to the law, stating that any deviation would be considered null and void. Solomon Lenu, spokesman for the Rivers State Civil Society Organisation, criticized the judgment as a “judicial aberration” and called for sanctions against Justice Omotoso. He expressed concerns that such decisions could erode public trust in the judiciary, potentially leading to self-help and anarchy.
The political turmoil in Rivers State continues, with legal battles and public protests shaping the trajectory of governance in the region.
