From Godwin Tsa, Abuja
The Federal High Court in Abuja, yesterday, voided and set aside the presentation and passage of the Rivers State 2024 budget by a group of four-member legislators in the state.
Delivering judgment on the matter yesterday, Justice James Omotoso who resolved all the issues in dispute in favour of Nyesom Wike’s loyalists, ordered Governor Siminalaye Fubara to represent the budget to the legally constituted House of Assembly under the leadership of Martin Amaewhule as the speaker.
The judgment was in respect of the suit marked FHC/ABJ/CS/1613/2023, filed by the Rivers House of Assembly’s Speaker, Martin Amaewhule, against Governor Fubara, the National Assembly (NASS), and others.
In the amended originating summons dated December 7, 2023, but filed December 11, 2023, by their team of lawyers, including Ken Njemanze, SAN, and Ferdinand Orbih, SAN, among others, the plaintiffs sued the NASS, the Senate President, the Deputy Senate President, the Senate Majority Leader, and the Senate Minority Leader, as first to fifth defendants, respectively.
Also, joined in the suit, include the House of Representatives Speaker, the Deputy Speaker, the House Majority Leader, the House Minority Leader, and the Clerk to the NASS as sixth to 10th defendants.
They also sued the Rivers State Governor, the state Attorney-General, the Commissioner of Finance, the state Accountant-General, the Rivers State Civil Service Commission, the Inspector-General (I-G) of Police, and Edison Ehie, who is also listed as the Rivers Assembly’s Speaker in the suit, as the 11th to 17th defendants respectively.
James Omotoso further quashed withholding of the House of Assembly’s fund on the ground that the Governor has no constitutional power to do so.
The court equally restrained Governor Fubara from frustrating the House of Assembly under Amaewhule from sitting or interfering in the affairs of the House.
The redeployment of the Clerk and the Deputy Clerk by the Governor was declared null and void, and subsequently set aside.
Justice Omotosho held that “the appointment of the clerk of the House and his deputy are regulated by sections 10 and 11 of the Rivers State House of Assembly Service Commission, and anything done contrary is illegal, and invalid in the face of the law.
“The purported posting and removal of the Clerk of the House is a nullity as the Head of Service of the state is not empowered to do so.
“The purported reposting, and the redeployment letter is, hereby, invalidated,” Justice Omotosho held.
The Inspector General of Police was ordered to immediately give adequate security to the Speaker and legislators loyal to former Governor Wike.
Justice Omotoso ordered the Clerk and the Deputy Clerk to resume office immediately and unhindered.
The National Assembly was also barred from taking over the Rivers State House of Assembly, accepting or treating any request from Governor Fubara.
Governor Fubara was ordered to release all monies standing in the credit of the House of Assembly to Amaewhule.
“The 11th defendant, Governor Fubura, has no power to interfere with the renumeration of members of the House of Assembly. Any attempt by the Governor to withhold the funds standing to the credit of the Rivers State House of Assembly is tantamount to tyranny and dictatorial tendencies.
“This court will resist any attempt to destroy our fragile democracy,” the judge ruled.
The plaintiffs sought an order restraining the first to 10th defendants from entertaining any request from Fubara to take over the performance of the functions of the Rivers Assembly, including its role to make laws for the peace, order and good government of Rivers in respect of matters that are within its constitutional and legislative competence.
An order of mandatory injunction compelling the Inspector General of Police, whether by himself or by officers and men of the Nigeria Police Force under his command, to provide and continue to provide adequate security and protection for the first plaintiff under the leadership of the second plaintiff as the Speaker of the Rivers State House to transact the business of the first plaintiff.
They sought an order of injunction restraining Gov. Fubara from impeding or frustrating the assembly under Amaewhule’s leadership as its speaker.
They equally sought an order restraining Fubara, including the 12th, 13th and 14th defendants, from withholding any amount standing to the credit of the Rivers Assembly in the state’s Consolidated Revenue Fund, including salaries and emoluments due and payable to the speaker, deputy speaker and other members of the House, as well as to the clerk, deputy clerk and other members of staff of the Assembly.
Alternatively, they sought an order of injunction restraining them from denying the Assembly of due funds for running its affairs, including the payment of salaries, allowances, emoluments and meeting its financial obligations, among other 11 reliefs.