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From Godwin Tsa, Abuja
The Federal High Court in Abuja, on Monday, voided and set aside the presentation and passage of Rivers State 2024 budget by a group of four-member legislators in the state.
In his judgment delivered on Monday, Justice James Omotoso, who resolved all the issues in dispute in favour of Nyesom Wike’s loyalists, ordered the state governor, Siminalaye Fubara, to represent the budget to the legally constituted House of Assembly under the Speakership of Martin Amaewhule.
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 Siminalayi Fubara, National Assembly (NASS), and others.
The amended originating summons dated December 7, 2023, but filed December 11, 2023 by their team of lawyers including Ken Njemanze, SAN, Ferdinand Orbih, SAN, among others, the plaintiffs sued the NASS, Senate President, Deputy Senate President, Senate Majority Leader, Senate Minority Leader as 1st to 5th defendants, respectively.
Also joined in the suit include the House of Representatives Speaker, House Deputy Speaker, House Majority Leader, House Minority Leader, and Clerk to NASS as 6th to 10th defendants.
They also sued the Governor of Rivers, the Attorney-General of Rivers, the Commissioner of Finance, the Accountant-General of Rivers, the Rivers State Civil Service Commission, the Inspector-General (I-G) of Police, and Rt. Honourable Edison Ehie, who is also listed as Rivers Assembly’s Speaker in the suit, is the 11th to 17th defendant respectively.
James Omotoso further quashed the withholding of the House of Assembly 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 done by the Governor was declared null and void and was 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 method is illegal, 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, 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 Nyesom 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 or 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 Martin 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 case of truledntiff succeeded substantially, ” the judge ruled.
The plaintiffs sought an order of restraining the 1st to 10th defendants (NASS) from entertaining any request from the 11th defendant (Fubara) to take over the performance of the functions of 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 1st Plaintiff under the leadership of the 2nd Plaintiff as the Speaker of the Rivers State House to transacting the business of the 1st 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 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 the due funds for running its affairs including the payment of salaries, allowances, emoluments and meeting its financial obligations no matter how described, among other 11 reliefs.
