A Federal High Court in Abuja, on Tuesday, dismissed a suit seeking to stop Governor Siminalayi Fubara from re-presenting the N800 billion 2024 budget of Rivers State.
Justice Joyce Abdulmalik, in a ruling, also set aside the earlier interim order made on Jan 22, directing parties in the suit to maintain status quo pending the hearing and determination of the substantive suit.
Justice Abdulmalik held that a similar suit in the matter had already been decided by a sister court on the day the interim order was granted, NAN reports.
The judge also held that the plaintiff’s counsel, David Maduka, lost the opportunity that would have afforded him to be heard when he failed to address the court on the propriety of the instant suit in the face of the judgment already delivered in a similar case.
Recall that the five-member Rivers House of Assembly led by the then factional Speaker, Edison Ehie, had, on December 13, 2023, passed the appropriation bill sent to it by Fubara and the Governor assented to the bill on Dec. 14, 2023
But Justice James Omotosho, had, in the judgement delivered on Jan. 22, set aside the Rivers’ N800 billion 2024 budget passed by the five members of the house and signed into law by Governor Fubara on Dec. 14, 2023.
Justice Omotosho also restrained Gov. Fubara from frustrating the House of Assembly, under Martin Amaewhule-led leadership, from sitting or interfering in its constitutional and legislative functions.
The judge equally barred the National Assembly, the police and any member of the state executive arm from interfering in the assembly’s affairs.
The plaintiffs equally, through their lawyer, Kayode Ajulo, SAN, sought an order declaring the seats of the 27 lawmakers who dumped the Peoples Democratic Party, PDP, for the All Progressives Congress, APC, vacant, among other reliefs.
They queried the constitutionality of a peace agreement, which they alleged that President Tinubu made Governor Fubara to enter into with the immediate-past governor of the state and current Minister of the Federal Capital Territory, Nyesom Wike.
They maintained that the said agreement, signed on December 18, 2023, was not only illegal but amounted to an usurpation, nullification and undermining of the extant/binding relevant provisions of the 1999 Constitution (as amended).
The plaintiffs, consequently, prayed the court to among other things, determine whether Tinubu, Fubara and the Rivers Assembly had the rights and were entitled to enter into any agreement that had the effect of nullifying or undermining the constitutional provisions of Section 109 (I) (g) and (2) of the 1999 Constitution.
Justice Abdulmalik, who fixed Feb. 28 to hear the application, directed that the defendants, which include President Bola Tinubu, Attorney-General of the Federal, Fubara, Rivers Assembly, Speaker and the Independent National Electoral Commission, be put on notice to respond to allegations raised.
