The Court of Appeal in Abuja is set to deliver a judgment on the appeal filed by Rivers State Governor, Siminalayi Fubara, challenging a previous ruling by the Federal High Court.
This appeal stems from a decision by Justice James Omotosho, who nullified the 2024 Rivers State budget, passed by pro-Fubara lawmakers.
Justice Omotosho had voided the budget presentation and passage, which Fubara carried out in December 2023, involving only five out of over 30 lawmakers.
The judge directed the governor to re-present the budget to the legitimate Rivers State House of Assembly, under the leadership of Speaker Martin Amaewhule. Fubara’s proposed N800 billion budget, titled “Budget of Renewed Hope, Consolidation and Continuity,” was thus declared invalid.
In his ruling, Justice Omotosho also ordered Fubara to release all funds owed to the Rivers House of Assembly and prohibited the governor from interfering with the assembly’s activities.
The court further struck down the redeployment of the assembly’s clerk and deputy clerk by the state’s head of civil service, emphasizing that such appointments fall under the authority of the speaker, as outlined in Rivers State law.
The court equally ruled that the inspector-general of police and the Nigeria Police Force must continue to provide security for all citizens of Rivers State, including members of the assembly.
Moreover, a planned demolition and reconstruction of the state assembly complex was ordered to be halted.
The court also placed restrictions on the National Assembly, barring it from intervening in the affairs of the Rivers Assembly or entertaining any requests from Governor Fubara.
Justice Omotosho’s judgment effectively nullified the N800 billion budget passed by the group of five lawmakers led by Edison Ehie, ruling that the budget’s passage violated an interim court order issued on November 30, 2023.
Fubara and other state officials were restrained from making any appointments within the assembly that contravened the governing laws, with the judge reiterating that the National Assembly was prohibited from taking over Rivers State’s legislative functions.
Justice Omotosho’s decision was rooted in Fubara’s withdrawal of his opposition to the plaintiffs’ originating motion.
By withdrawing his counter-affidavit, the court considered that the governor had effectively conceded to the plaintiffs’ claims.
The plaintiffs, including the Rivers House of Assembly and its Speaker Martin Amaewhule, had filed an amended originating summons in December 2023.
Represented by Senior Advocates of Nigeria Ken Njemanze and Ferdinand Orbih, they sued multiple defendants, including the National Assembly, Senate leaders, and the Rivers State Governor.
The plaintiffs sought an order compelling the maintenance of the status quo as of November 29, 2023, and requested injunctions to prevent any interference by the governor or the National Assembly in the affairs of the state assembly.
Additionally, they sought a mandatory injunction directing the inspector-general of police to continue providing security for the assembly members under Amaewhule’s leadership, as well as an order preventing Fubara from withholding funds necessary for the functioning of the assembly.
Among other reliefs, the plaintiffs also requested that Fubara and other state officials be barred from obstructing the assembly’s financial operations, ensuring the payment of salaries, allowances, and other entitlements due to its members and staff.
