Rivers Assembly lawmakers strike back, confront Fubara over alleged constitutional violations
…Orders Fubara to present 2024 budget bill within 7 days
…Confirms Emmanuel Frank-Fubara as Commissioner nominee
By Barth Ndubuwah, Port Harcourt
The Rivers State House of Assembly, led by Speaker Martins Amaewhule, has formally accused Governor Siminialayi Fubara of violating provisions of the 1999 Constitution, as amended.
The faction, comprising 27 members, had been in limbo since a Rivers State High Court ruled that they had lost their seats in the House of Assembly for defecting from the ruling Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in violation of extant law.
However, a recent judgement by the Appeal Court has rekindled their hope of retaining their legislative seats.
The judgement, which is being challenged by the faction of the House loyal to Governor Fubara, has given the Amaewhule-led faction a new lease on life.
Consequently, the 27-member factional House sent a letter dated July 8, 2024, and signed by Speaker Amaewhule, to Governor Fubara shortly after rising from its plenary on Monday.
The letter accuses the governor of violating constitutional provisions and demands immediate compliance with the law.
In the document titled: “Resolutions reached at the first legislative day of the second session of the 10th Rivers State House of Assembly,” the House drew the governor’s attention to the 2024 Appropriation Bill, saying he was yet to present it before them as lawmakers.
Addressing the governor, the House said, “You are yet to present the Rivers State Appropriation Bill, 2024 in line with Section 121(1)of the 1999 Constitution as altered and in compliance with the judgement delivered on the 22nd day of January 2024 by Honourable Justice J.K Omotosho of the Federal High Court of Nigeria.”
The Assembly’s letter states, “We believe that the governor’s actions are in clear breach of the Constitution and the recent judgement by Honourable Justice J.K. Omotosho, which reinforces the need for compliance with Section 121 of the Constitution.”
The Assembly is seeking immediate compliance with the constitutional provision and has called on the governor to present the 2024 Appropriation Bill to the House without delay.
The Assembly stated: “You are yet to present the Rivers State Appropriation Bill, 2024, in line with Section 121(1) of the 1999 Constitution as altered and in compliance with the judgement delivered on the 22nd day of January 2024 by Honourable Justice J.K Omotosho of the Federal High Court of Nigeria.
“The Rivers State Government under your watch is now barred from spending funds from the Consolidated Revenue Fund of the state. The House hereby gives you the opportunity to present the same within seven days from the date of this resolution.”
Furthermore, the House accused the governor of violating Section 192(2) of the Constitution by inaugurating members of the Rivers State Executive Council as commissioners without due process.
Additionally, they cited a breach of Section 7(1) of the Constitution and the Rivers State Local Government (Amendment) Law 2023, accusing Fubara of appointing unelected individuals to manage the affairs of the 23 local government areas in the state, contrary to a judgement by Justice Omotosho.
The letter also addressed the issue of the governor’s continued association with three suspended members of the Assembly, which the House claims is in direct disobedience to a court order.
“The learned judge restrained you from dealing with the three suspended persons who, with your connivance, are parading themselves as Rivers House of Assembly in total disobedience to the order of the learned Judge,” the House stated.
The Assembly reiterated by describing these actions as gross misconduct and abuse of office, urging the governor to rectify these breaches immediately. They emphasised the importance of adhering to the Constitution and judicial pronouncements to uphold the rule of law.
As tensions rise, all eyes are on Governor Fubara’s next steps and whether he will address the Assembly’s demands within the stipulated time frame.
This confrontation highlights the ongoing power struggles and legal challenges within Rivers State’s political landscape.
The Rivers State House of Assembly, led by Speaker Victor Oko-Jumbo, has confirmed Emmanuel Frank-Fubara as a commissioner nominee. The confirmation came after Governor Siminalayi Fubara requested the Assembly to screen and ratify the nominee.
During his screening, Frank-Fubara expressed his readiness to serve the state, stating, “My experience serving on various committees in the state has equipped me to excel in any portfolio assigned to me.”
He pledged to perform his duties with utmost dedication and commitment, promising a “hundred percent serviceable” performance.
Deputy Speaker Timothy Orubieninmigha praised Frank-Fubara’s character, expressing confidence in his ability to serve the state with distinction.
“He has an impeccable character, and I have no doubt he will serve the state with distinction,” Orubieninmigha said.
After a unanimous voice vote in his favour, the Speaker confirmed the nominee, securing his appointment as a commissioner. The House adjourned till Thursday.
Frank-Fubara’s confirmation was met with praise from lawmakers, who endorsed his appointment. His experience and qualifications were scrutinised by the Assembly before his approval.
