Court nullifies Governor Fubara’s N800 billion budget

A Federal High Court sitting in Abuja, Federal Capital Territory (FCT) has set aside the Rivers State N800 billion budget passed by five members of the House of Assembly led by the Hon Edison Ehie-led faction of the assembly.

Penpushing reports that a judgment on Monday by Justice James Omotosho held that the presentation of the appropriation bill by Governor Siminalayi Fubara on December 13,2023 and its passage by the lawmakers amounted to nullity, following an interim order made by the court on November 30, 2023.

The judge in an order of injunction restraining Fubara and other defendants from interfering with the state’s assembly led by Hon Martin Amaewhule, declared that the passage of the bill into law was a willful breach of the court order.

Penpushing further reports that the court in same vein stopped the Governor or any member of the state executive arm from appointing or reposting any person as a clerk or deputy clerk of the assembly in contravention of the laws governing the Rivers State House of Assembly Service Commission.

The judge equally made an order restraining the National Assembly from taking over the state’s assembly, and explained that the decision of the court was premised on the earlier order made on November 30, 2023 and the facts that the Governor, who was the 11th defendant in the case, withdrew his processes in opposition to the plaintiffs’ originating motion.

Penpushing also reports that having withdrawn his counter-affidavit and other processes in this case, the judge said, it is deemed that the Governor has admitted the facts in the motion since it was not challenged.

The Rivers State House of Assembly and Amaewhule are 1st and 2nd plaintiffs in the suit, while in the amended originating summons dated December 7, 2023 filed on December 11, 2023 by their team of lawyers, including Ken Njemanze and Ferdinand Orbih(Senior Advocate of Nigeria), the plaintiffs sued the National Assembly, Senate President, Deputy Senate President, Senate Majority Leader, Senate Minority Leader as 1st to 5th defendants respectively.

Penpushing reports that joined in the suit are the House of Representatives Speaker, House Deputy Speaker, House Majority Leader, House Minority Leader, and Clerk to National Assembly as 6th to 10th defendants.

The plaintiffs equally sued the Governor of Rivers, the Attorney-General of Rivers, Commissioner of Finance, Accountant-General of Rivers, Rivers State Civil Service Commission, Inspector-General of Police and the factional speaker, Ehie, who is also listed as Rivers Assembly’s Speaker in the suit, as 11th to 17th defendants respectively.

Penpushing further reports that the plaintiffs sought an order directing all parties to maintain the status quo as of November 29, 2023, and also sought an order of injunction restraining the 1st to 10th defendants (National Assembly) from entertaining any request from the 11th defendant (Fubara) to take over the performance of the functions of Rivers Assembly.

This include its role to make laws for the peace, order and good government of Rivers State in respect of matters that are within its constitutional and legislative competence, as the plaintiffs equally sought an order of injunction restraining the Governor from impeding or frustrating the assembly under Amaewhule’s leadership as its speaker.

Penpushing also reports that the plaintiffs equally sought an order restraining the Governor, including the 12th, 13th and 14th defendants, from withholding any amount standing to the credit of Rivers State Assembly in the State’s Consolidated Revenue Fund,

The plaintiffs argued that these include 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.

Penpushing reports that the plaintiffs alternatively 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.

FOOTNOTE: You want to share story with us? You want to advertise with us? You need publicity for product, or service, or   event? Contact us on WhatsApp +2348073463653 or email [email protected]