January 22, (THEWILL) -The Federal High Court, Abuja has invalidated the passage of the 2024 Rivers State appropriation bill by five lawmakers led by Edison Ehie.
Tagged ‘Budget of Renewed Hope, Consolidation and Continuity’the five-member faction of the Assembly loyal to Governor Siminalayi Fubara, had on December 13, passed the N800bn 2024 budget proposal presented to it by the Governor.
The Governor had signed the budget into law on December 14, merely 24 hours after its presentation to the lawmakers.
THEWILL recalls, that as part of the conditions to end the political crisis in Rivers State, under a peace accord facilitated by President Bola Tinubu, Fubara is expected to re-present the budget.
The 26-member Assembly loyal to FCT Minister, Nyesom Wike, had on January 7, passed a resolution, urging Governor Fubara to re-present the 2024 budget and the medium-term expenditure framework for reconsideration. The decision followed the adoption of a motion by the Speaker, Martin Amaewhule.
Marked FHC/ABJ/CS/1613/2023, the 26 lawmakers through the Rivers State House of Assembly and Martin Amaewhule, had approached the court after their seats were declared vacant by the Edison Ehie-led Rivers Assembly following their defection to the All Progressives Congress.
Delivering a ruling on the suit on Monday, Justice James Omotosho recognised Amaewhule as the speaker of the state assembly and consequently declared everything done by the five lawmakers led by Edison Ehie was null and void.
“The purported sitting of Ehie and four other lawmakers who sat to pass the budget of the state is null and void. The order seeking to set aside the Appreciation Bill signed by the governor despite an interim order is hereby granted”, the court declared.
Justice Omotoso ordered Governor Siminalayi Fubara to re-present the budget to the legally constituted House of Assembly led by Amaewhule.
Justice Omotoso also faulted the redeployment of the Clerk and Deputy Clerk by the governor, saying that was beyond the power of the governor.
“The constitution is clear that the appointment of a clerk and deputy clerk is done by the Rivers State Speaker and is subject to confirmation by the lawmakers, and that their appointment and remuneration are governed by the Rivers State House of Assembly Law, even though they are civil servants”, he said while directing the Clerk and the Deputy Clerk to resume office immediately and unhindered.
The court also restrained the governor from frustrating the House of Assembly under Amaewhule from sitting or interfering in the affairs of the House.
“This court hereby declares that the governor of Rivers State, by himself or by members of the staff of the Rivers State Public Service is not entitled to take steps aimed at interfering in the affairs of the River State House of Assembly, the Speaker, in the performance of their duties.
“The first plaintiff is entitled to funds or amount standing to the credit of Rivers Assembly in the state’s Consolidated Revenue Fund, including salaries and emoluments, and that same cannot be stopped by anyone, including the Governor”, the court held.
About the Author
