Federal High Court nullifies N800bn Rivers budget signed by Governor Fubura

Business a.m

The Federal High Court in Abuja has nullified the Rivers State House of Assembly approval of an N800 billion budget and its subsequent signing into law by Siminalayi Fubara, the state’s governor.

Justice James Omotosho, in his ruling, found that the budget had not been properly presented before the state’s legislature, rendering it invalid.

The court, having found that Martin Amaewhule was the legitimate Speaker of the state legislature, stated that Governor Fubara had improperly interfered in the legislature’s affairs by redeploying the clerk and deputy clerk. The court’s decision also addressed the role of Governor Fubara in the controversy, finding that he had acted unconstitutionally in redeploying the clerk and deputy clerk of the state’s legislature.

Justice Omotosho ruled that Governor Fubara did not have the authority to interfere with the operations of the Rivers State House of Assembly, as this is a violation of the separation of powers enshrined in the Nigerian Constitution. In addition, the court found that the conditions that would allow the National Assembly to take over the state’s legislative affairs had not been met. The court also issued an injunction, preventing the governor from interfering in or obstructing the operations of the Assembly under the leadership of Martin Amaewhule.

The lawsuit, filed under case number FHC/ABJ/CS/1613/2023, named a number of defendants, including the National Assembly, the Senate, the House of Representatives, the governor of Rivers State, the attorney general of Rivers State, the commissioner of finance in Rivers State, the accountant general of Rivers State, the civil service commission of Rivers State,Edison Ehie, the inspector general of police, and other government officials.

In addition to the injunction against Governor Fubara, the court also issued an order to restrain the defendants from accepting any requests from the governor to take over the functions of the Rivers State Assembly. The court’s order made clear that the legislative functions of the state assembly are within its constitutional and legislative competence, and that the governor has no authority to intervene in these matters.

The court barred Governor Fubara from following through with his plan to demolish the Rivers State House of Assembly complex, stressing the need to protect the integrity of the state’s legislative branch. In addition, the court ordered the release of all funds earmarked for the Assembly, ensuring that it has the financial resources necessary to carry out its duties.