Justice James of the Federal High Court Abuja has nullified the N800 billion budget passed by the Edison Ehie-led group of the Rivers State House of Assembly and signed into law by the Rivers State Governor, Siminalayi Fubara.
The court 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.
In the heat of the protracted political crisis rocking the oil-rich state and the demolition of the Assembly Complex, Fubara presented the 2024 budget proposal of N800bn to five members of the State Assembly led by Edison Ehie on December 13, 2023,
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 other pro-Fubara lawmakers passed the budget estimates and the governor signed the bill into law, saying it is aimed at promoting economic development through inclusive growth and addressing socio-economic inequality in the state.
Ehie would later resign from the House and Amaewhule was restored as the Assembly’s Speaker after both sides met with President Bola Tinubu in Abuja.
Amaewhule and 25 other lawmakers loyal to ex-Governor Nyesom Wike subsequently demanded that Fubara presented the 2024 budget estimates to the Assembly afresh and the matter was taken to court.
On Monday, Ken Njemanze who is counsel for Amaewhule accused the governor of interfering with the performance and functions of the state lawmakers contrary to the doctrine of the separation of powers.
Omotosho said Ehie lacked the capacity to sue or be sued in the case as he is no longer the Speaker or a member of the Assembly.
On the preliminary objection challenging the jurisdiction of his court, Omotosho held the suit was properly constituted before him.
Omotosho disagreed with the plaintiffs on the powers of the governor, noting that the power to make laws in a state are shared between the executive, the state Assembly and local government areas.
With respect to the National Assembly taking over the functions of the State Assembly, the judge said that can only happen when the state lawmakers are no longer sitting and transacting business as enshrined in the 1999 Constitution and other relevant laws.
“There is nothing before this court showing that the River State House of Assembly is unable to carry out its functions,” Justice Omotosho said, and ruled that the issue was resolved in favour of the plaintiffs.
On the removal of the Clerk of the Rivers State House of Assembly, Emeka Amadi, who was redeployed by the Rivers State Head of Service, Justice Omotosho declared it null and void and invalid in the face of the law.
Omotosho said the constitution is clear that the appointment of a Clerk and Deputy Clerk is done by the Rivers State Speaker and is subject to confirmation by the lawmakers, and that their appointment, remuneration is governed by the Rivers State House Of Assembly Law, even though they are civil servants.
Omotosho said the court is against any plan to jeopardise democracy, warning that a governor should not “exceed his power”.
The judge thereby declared that the governor of Rivers State, by himself or by members of the staff of the Rivers State Public Service are not entitled to take steps aimed at interfering the affairs of the River State House of Assembly, and the Speaker, in the performance of their duties.
