The Federal High Court in Abuja, under the jurisdiction of Justice James, has declared the N800 billion budget passed by the Edison Ehie-led group of the Rivers State House of Assembly and signed into law by Governor Siminalayi Fubara as null and void.
The court also sided with the suit filed by the Assembly and Speaker Martin Amaewhule against Governor Fubara, seeking an injunction to prevent him from obstructing the Assembly's functions.
Amid the prolonged political crisis in the oil-rich state and the demolition of the Assembly Complex on December 13, 2023, Governor Fubara presented the 2024 budget proposal of N800 billion to a group of five Assembly members led by Edison Ehie at the Government House in Port Harcourt. This occurred after the state government demolished the Assembly Complex, and a court order prevented Ehie's contender, Martins Amaewhule, from using the Assembly Complex.
Despite the controversial circumstances, Ehie and other lawmakers supportive of Governor Fubara passed the budget, and it was signed into law by the governor. The budget was purportedly aimed at fostering economic development, inclusive growth, and addressing socio-economic inequality in the state.
Subsequently, Ehie resigned from the House, and Amaewhule was reinstated as the Assembly's Speaker after a meeting with President Bola Tinubu in Abuja. Amaewhule and 25 other lawmakers loyal to ex-Governor Nyesom Wike demanded that Governor Fubara present the 2024 budget estimates to the Assembly again, leading to a legal battle.
On Monday, Ken Njemanze, representing Amaewhule, accused the governor of interfering with the functions of state lawmakers, violating the separation of powers doctrine. The plaintiffs sought injunctions restraining the National Assembly from entertaining any request from Governor Fubara to take over the Assembly's functions and compelling the Inspector General of Police to provide security for the Assembly's Speaker.
Justice James Omotosho, presiding over the case, noted that Edison Ehie, the 17th defendant, claimed to have resigned from the Assembly, rendering him incapable of being a party. Justice Omotosho ruled that the suit was properly constituted despite the preliminary objection challenging the court's jurisdiction.
Disagreeing with the plaintiffs on the governor's powers, Justice Omotosho emphasised the shared powers of the executive, state Assembly, and local government areas in making laws. Regarding the National Assembly taking over the State Assembly's functions, the judge stated that such a move could only happen if the state lawmakers could not conduct their business, which was not the case.
Justice Omotosho declared the removal of the Clerk of the Rivers State House of Assembly, Emeka Amadi, null and void, emphasising that the Rivers State House of Assembly Law governs the appointment and remuneration of the Clerk and Deputy Clerk. The judge affirmed the Assembly's entitlement to funds and declared that the governor could not impede the release of funds standing to the credit of the Rivers Assembly in the state's Consolidated Revenue Fund, including salaries and emoluments.