The appellate court dismissed the appeal filed by Governor Siminalayi Fubara, ruling that it lacked merit.
In its decision, the court highlighted that Governor Fubara had previously withdrawn his counter-affidavit during the proceedings at the lower court, which barred him from appealing a case he had not contested at trial.
The judges stressed the importance of adhering to the rule of law and warned that the political dynamics within the Rivers State Assembly reflected what they termed “executive dictatorship” under Governor Fubara’s leadership. They described the situation as a “joke taken too far,” raising concerns about potential threats to democracy in the state.
The court further held that Governor Fubara’s presentation of the 2024 Rivers State Appropriation Bill to only four out of 31 assembly members was a gross violation of Section 91 of the 1999 Constitution. The Rivers State Assembly had been divided due to strained relations between Fubara and his predecessor, Nyesom Wike, who is now Minister of the Federal Capital Territory.
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Amid the conflict, Fubara bypassed the 26 pro-Wike lawmakers, led by Hon. Martin Amaewhule, and instead presented the state’s ₦800 billion budget to four lawmakers loyal to Hon. Edison Ehie, who had declared himself the factional Speaker. This faction had declared the seats of the pro-Wike lawmakers vacant after their defection to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP). The Ehie-led group quickly passed the budget, which Governor Fubara promptly signed into law.
Following a peace deal brokered by President Bola Tinubu, both Fubara and Wike agreed to terms, including the restoration of Amaewhule as the legitimate Speaker. In response, Hon. Edison Ehie withdrew his legal filings and stepped down from his leadership claim in the Assembly.
Governor Fubara, in line with the peace accord, withdrew his court filings, but the pro-Wike lawmakers opted to continue their legal challenge, withdrawing only the impeachment notice they had served on the governor. Justice James Omotosho of the Federal High Court ruled that the budget was invalid, as it had not been properly presented before the Assembly as required by law.
The court also condemned Governor Fubara’s demolition of the Rivers State Assembly complex and his withholding of legislative funds, describing these actions as tyrannical. The court further ruled that Fubara’s redeployment of the Clerk and Deputy Clerk of the Assembly was unconstitutional and that he had acted in contempt of a prior court order barring such interference.
Moreover, the court clarified that the National Assembly could not take over the legislative affairs of the state without meeting the preconditions outlined in Section 11 of the 1999 Constitution. It nullified all actions taken by the Rivers Assembly without the involvement of the Amaewhule-led lawmakers, including the presentation of the 2024 budget.
The court also issued an injunction preventing Governor Fubara from obstructing the operations of the Assembly under Amaewhule’s leadership and ordered him to release all funds owed to the Assembly. The appellate court upheld the Federal High Court’s decision, stating that Fubara’s withdrawal of legal processes amounted to a concession of legitimacy to the Amaewhule-led lawmakers.
The court ordered Fubara to pay ₦500,000 to each respondent in the appeal marked: CA/ABJ/CV/133/2024.
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