A Federal High Court in Abuja, under Justice James Omotosho, has nullified the N800 billion budget approved by the Edison Ehie-led group of the Rivers State House of Assembly.
The budget was previously signed into law by Governor Siminalayi Fubara.
Channels TV reports that the court upheld a suit filed by the Assembly and Speaker Martin Amaewhule against Governor Fubara, seeking an injunction to prevent him from obstructing the Assembly’s functions.
The controversy arose in the midst of political turmoil, marked by the demolition of the Assembly Complex. Fubara presented the budget proposal at the Government House to a limited group of Assembly members led by Edison Ehie.
Despite this group’s passage of the budget, subsequent developments, including Ehie’s resignation, led to Amaewhule’s reinstatement as the Assembly’s Speaker.
Accusing Fubara of interference with legislative functions, Amaewhule and other lawmakers filed a case, seeking an injunction against the governor and challenging the budget’s legitimacy.
Justice Omotosho observed that Ehie, having resigned, lacked the capacity to sue or be sued in the case.
However, the court upheld the suit, challenging the governor’s actions.
Addressing the governor’s powers, Justice Omotosho clarified that legislative powers in a state are shared among the executive, state Assembly, and local government areas.
He emphasized that the National Assembly can only intervene if the state lawmakers are unable to function.
The court declared null and void the removal of the Clerk of the Rivers State House of Assembly, emphasizing that the Speaker, subject to confirmation by lawmakers, appoints the Clerk.
The judge affirmed the Assembly’s entitlement to funds, including salaries and emoluments, from the state’s Consolidated Revenue Fund.
Warning against exceeding executive power, Justice Omotosho declared that the governor cannot interfere with the Assembly’s affairs and restrained the National Assembly from accepting any requests from the governor.
The court held that, based on the facts, Amaewhule remained the valid Speaker, rendering the acts of the governor with the five lawmakers null and void.
It declared the presentation and signing of the Appropriation Bill as void, granting an order setting it aside.
The court also restrained the governor from continuing the demolition or construction of the Assembly building.
In conclusion, the judge emphasized the need to respect democratic processes, asserting that the governor’s attempts to disrupt the Assembly’s functions were unacceptable.
