BY ANTHONY OCHELA, ABUJA
Court of Appeal has affirmed the January 22 judgement delivered by Justice James Omotosho of the Federal High Court in Abuja nullifying the passage of Rivers State’s N800 billion 2024 budget by four members of the Assembly.
In a judgement yesterday, a three-member panel of the appellate court led by Justice Joseph Oyewole held that the appeal filed by the governor against the January 22 judgement was unmeritorious.
Justice Oyewole, who authored and read the lead judgement, held that having failed to challenge the case at the trial court by withdrawing all the processes (documents) he filed against the suit, the governor could not turn around to seek to appeal the judgement.
Justice Omotosho had nullified the 2024 Rivers budget passed by lawmakers loyal to Governor Siminalayi Fubara and set aside its presentation and passage.
Omotoso ordered Fubara to re-present the budget to the legally constituted House of Assembly under Martin Amaewhule.
Governor Fubara had presented the budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’ of N800 billion to five out of the over 30 lawmakers in December 2023.
In the judgement, Justice Omotoso ordered Fubara to release funds accruable to the Assembly and barred him from interfering with the activities of the House.
The court also nullified the redeployment of the clerk and deputy clerk of the Assembly by the head of civil service.
The judge held that the appointment of a clerk and deputy clerk is the responsibility of the speaker, as contained in the Rivers State Assembly Service Commission law.
The court ruled that the Inspector-General of Police, IGP, and the Nigeria Police Force are duty-bound to continue to provide security for all Rivers citizens, including members of the Assembly.
The court also ordered a pause on the planned demolition and reconstruction of the Assembly Complex.
The National Assembly was also barred from taking over the Rivers Assembly or accepting or treating any request from the governor.
Justice Omotosho also set aside the N800 billion budget passed by five members of the House led by the Edison Ehie-led group.
The judge held that the presentation of the appropriation bill by Governor Fubara on December 13, 2023 and its passage by the lawmakers amounts to nullity, following an interim order made by the court on November 30, 2023.
Justice Omotosho also held that the passage of the bill into law was a wilful breach of the court order.
The judge also 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.
He made an order restraining the National Assembly from taking over the Assembly.
Justice Omotosho held that the decision of the court was premised on the earlier order made on November 30, 2023 and the fact that Fubara, who was the 11th defendant in the case, withdrew his processes in opposition to the plaintiffs’ originating motion.
Having withdrawn his counter-affidavit and other processes in the case, the judge said it was deemed that the governor had admitted the facts in the motion since it was not challenged.
Rivers Assembly and Amaewhule were the first and second plaintiffs in the suit.
In the amended originating summons dated December 7, 2023, but filed on December 11, 2023 by their team of lawyers, including Ken Njemanze (SAN) and Ferdinand Orbih (SAN), the plaintiffs sued the National Assembly, Senate president, deputy Senate president, Senate majority leader and its minority leader as first to fifth defendants, respectively.
Also joined in the suit were the speaker of the House of Representatives, deputy speaker, majority leader, minority leader and clerk to the National Assembly as sixth to 10th defendants.
They also sued the governor of Rivers, the Attorney-General, Commissioner for Finance, Accountant-General, state Civil Service Commission, Inspector-General of Police, and Ehie, who was also listed as speaker in the suit, as the 11th to 17th defendants, respectively.
The plaintiffs sought an order directing all parties to maintain status quo as of November 29, 2023.
They also sought an order of injunction restraining the first to 10th defendants from entertaining any request from the 11th defendant (Fubara) to take over the performance of the functions of the Assembly, including its role to make laws for the peace, order and good government of Rivers in respect of matters that are within its constitutional and legislative competence.
