In a significant legal development, the Federal High Court sitting in Abuja has declared the 2024 Appropriation Bill of Rivers State null and void. The judgement, delivered by Justice James Omotosho on Monday, asserted that the budget was invalid due to improper presentation before the Rivers State House of Assembly.
The court, recognizing Martin Amaewhule as the legitimate Speaker of the Rivers State Assembly, criticized Governor Fubara for his interference in the legislative affairs of the state. Justice Omotosho emphasized that the governor acted unconstitutionally by redeploying the Clerk and Deputy Clerk of the Rivers State Assembly, asserting that such interference exceeded his statutory rights.
Furthermore, the court highlighted that the conditions outlined in Section 11 of the 1999 Constitution, as amended, which would warrant the National Assembly taking over legislative affairs in Rivers State, had not occurred. Consequently, the court issued an injunction restraining Governor Fubara from obstructing the operations of the Assembly under Amaewhule’s leadership as the speaker.
The court also issued an injunction preventing the defendants from considering any request from Governor Fubara to assume the functions of the Rivers State Assembly. This includes its role in making laws for the peace, order, and good government of Rivers State within its constitutional and legislative competence. Additionally, Governor Fubara was barred from proceeding with plans to demolish the Rivers State House of Assembly complex.
Among the defendants in the case (FHC/ABJ/CS/1613/2023) were key figures such as the National Assembly, Senate President, Deputy Senate President, Speaker of the House of Representatives, Governor of Rivers State, Attorney-General of Rivers, and other relevant officials.
The legal dispute emerged from a divisive situation in the Rivers State House of Assembly, fueled by strained relations between Governor Fubara and his predecessor, Minister of the Federal Capital Territory, Nyesom Wike. Governor Fubara had presented the 2024 Appropriation Bill to the faction of the House aligned with him, bypassing the Amaewhule-led faction loyal to Wike.
The court’s intervention comes after a peace pact brokered by President Bola Tinubu, wherein both Fubara and Wike agreed to recognize Amaewhule as the rightful Speaker. Despite this peace agreement, Governor Fubara is yet to fulfill the request by the Amaewhule-led members of the House to resubmit the 2024 appropriation bill for approval.
