* Affirms Amaewhule as authentic Speaker
* Cautions Gov against executive lawlessness
The Court of Appeal in Abuja has affirmed the judgment of the Federal High Court, which earlier voided the N800 billion budget passed by five members of the Rivers State House of Assembly led by Hon. Edison Ehie.
The Ehie group constitutes lawmakers loyal to Governor Siminalayi Fubara.
The appellate court dismissed the appeal filed by Fubara on grounds that it lacks merit.
The court held that Governor Fubara withdrew his counter-affidavit at the lower court in the matter, therefore cannot commence an appeal in a matter he did not challenge at the trial stage.
In the unanimous judgment, the court said that Governor Fubara is expected to apply the rule of law and not the rule of might.
The court described the rift in the Rivers State House of Assembly as an executive dictatorship by the governor, and a joke taken too far.
Justice Omotosho had nullified the 2024 Rivers budget passed by pro-Fubara lawmakers and set aside the presentation and passage of the Rivers State 2024 budget.
In the judgment delivered Justice Omotoso, the court ordered the governor to re-present the budget to the legally constituted House of Assembly under Martin Amaewhule.
Fubara, in December 2023, presented the budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’ of N800 billion to five out of the over 30 lawmakers of the State House of Assembly.
Justice Omotoso further ordered Fubara to release all funds accruable to the Rivers House of Assembly, and barred the governor from interfering with the activities of the Assembly.
The court also nullified the redeployment of the Clerk and Deputy Clerk of the State Assembly by the State’s 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 further ruled that the Inspector-General of Police and the Nigeria Police Force are duty-bound to continue to provide security for all Rivers citizens, including members of the State Assembly.
The court also ordered a pause on the planned demolition and reconstruction of the Rivers State Assembly complex.
