…Dismisses Fubara’s appeal on N800bn budget
The appeal court on Thursday has dismissed Governor Fubara’s appeal against the Rivers State House of Assembly, upholding Martin Chike Amaewhule as the speaker.
This decision comes after the Fubara-backed assembly passed the 2024 budget, which the Wike-backed faction claims was not presented to them.
Recall that the Wike-backed faction has given an ultimatum to Governor Fubara to present the budget to them within seven days.
This ongoing political crisis in Rivers State has led to parallel sessions and a standoff between the two factions.
This ruling, issued by a three-member panel of Justices, not only confirms Amaewhule’s authority but also solidifies the legitimacy of his faction within the Assembly.
As confirmed by Justice James Omotosho, the court emphasised that, “Governor Fubara undermined his own position by withdrawing a counter-affidavit,” which weakened his legal standing against Amaewhule’s faction.
This decision reinforces an earlier Federal High Court ruling that invalidated the 2024 budget on the grounds that it was presented before an illegally constituted Assembly.
The emphasis on inclusive representation, as mandated by Section 91 of the 1999 Constitution, played a crucial role in the court’s judgement.
Justice Omotosho pointed out that, “Governor Fubara’s actions violated the lawful procedures for legislative affairs.”
The Rivers State Assembly has been embroiled in controversy due to existing tensions between Governor Fubara and his predecessor, Nyesom Wike, now the Federal Capital Territory Minister.
The divide intensified when Fubara disregarded the pro-Wike faction, which, in total, comprises 26 lawmakers.
His decision to engage with a breakaway faction led by Hon. Edison Ehie resulted in a controversial approval of the N800 billion budget.
The court dismissed Governor Siminalayi Fubara’s appeal against a Federal High Court judgement that nullified the N800 billion budget passed by a faction of the Rivers State House of Assembly led by Edison Ehie.
In a twist, a peace agreement facilitated by President Bola Tinubu, which sought to bring harmony among the factions, had initially seemed to pave the way for reconciliation.
However, the court subsequently found that Fubara’s actions, including the withdrawal of legal challenges and attempts to change Assembly leadership, were “unconstitutional” and amounted to “contempt of a prior court order.”
The court granted an injunction, preventing Fubara from obstructing the activities of the Assembly led by Amaewhule and ordered him to release all funds due to the legislature.
In its ruling, the appellate court imposed a penalty of N500,000 on Fubara, payable to each of the plaintiffs involved in the case. Justice Omotosho admonished, “A party must maintain consistency; one cannot approbate and reprobate simultaneously.”
With this ruling, the legislative landscape in Rivers State remains turbulent, as Amaewhule’s faction seeks to reclaim authority amidst ongoing divisions.