Fubara in Jeopardy as A’Court Nullifies 2024 Rivers Budget

•Judgment silent on fate of Amaewhule-led assembly

•It’s false, court didn’t reinstate 27 lawmakers, state govt clarifies

Alex Enumah in Abuja and Blessing Ibunge in Port Harcourt

Rivers State Governor, Siminalayi Fubara, might have walked into great danger as the Abuja division of the Court of Appeal, yesterday, upheld the judgement of a Federal High Court, which voided the Rivers State 2024 Budget passed by five members of the State House of Assembly.

Although the judgment was silent on the fate of the Martin Amaewhule-led 27 members of the State House of Assembly, the state government has also clarified that the judgment did not reinstate the embattled lawmakers by any stretch of imagination.

However, with the latest development, which seemed to have handed the Martin Amaewhule-led faction some subtle legitimacy, the travails of Fubara might have started afresh as the lawmakers are likely to toy again with the idea of impeachment again.

A three-member panel of Justices of the appellate court held that contrary to the claim of the appellant, the judgement of the trial court was sound in law and saw no reason to deviate from it.

27 members of the Rivers Assembly said to be loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, had last year dragged Fubara and the state government to court, following the presentation of the state’s N800 billion budget to a five-member faction of the house led by Hon Edison Ehie.

The plaintiffs in the suit marked: FHC/ABJ/CS/1613/2023, had amongst others, prayed the court to restrain the governor from impeding them from carrying out their constitutional duties.

The 27 lawmakers, who had last year threatened to impeach the governor, reportedly defected to the All Progressives Congress (APC), leading to a division in the assembly.

Amaewhule was said to be loyal to Wike, while the other faction led by Ehie, was loyal to Governor Fubara.

 In his judgement early in the year, Justice Omotosho ruled in favour of the Pro-Wike lawmakers on the grounds that Fubara withdrew all his defences against allegations made against him by the appellants, citing an agreement by parties as the outcome of President Bola Tinubu in the Rivers State political crises.

It should be stated that while the governor withdrew all his processes against the suit, and the factional Speaker, Edison Ehie also announced his exit from the Rivers State House of Assembly. But the plaintiffs maintained their case against the respondents.

Omotosho, in the January 22, 2024 judgement ruled against the governor and the state on grounds that facts not controverted were deemed as admitted.

Dissatisfied, Fubara approached the appellate court to challenge the decision of the trial court as well as the consequential orders amongst, which included a directive to represent the 2024 budget before the Amaewhule-led faction of the house of assembly.

He had argued that the trial court erred in law in entering judgement against him as well as the consequential orders made against him.

But in their judgement, the appellate court in a unanimous judgement held that Fubara did not have a case before them, since he had earlier withdrew his defence of allegations made against him.

The 27 Pro-Wike lawmakers had accused Fubara of acting illegally, unlawfully and unconstitutional by refusing to obey orders of court, presenting the state’s budget to an alleged illegal leadership of the assembly as well as acting undemocratic in the pulling down of the assembly complex, thereby preventing them from carrying out their legitimate duties as lawmakers.

Justice Oyewale pointed out that Fubara’s withdrawal of all his processes was fatal to his case as the court could not tell why the governor took all the actions he was alleged to have taken.

According to the appellate court, the judgement of the trial court was based on the uncontested facts against the respondents, adding that by withdrawing all his processes Fubara conceded to all the reliefs sought by the plaintiffs and is “deemed to have admitted the weighty facts.

“The challenges faced by the appellant were self inflicted,” Oyewole said, adding: “It is academic for a party to concede an action at the lower court and turn around to challenge it.”

Besides, the appellate court berated the governor for resorting to self-help and in total disregard to orders of court in his presentation of the state’s budget to four members of the assembly, which was not up to the required one-third for the passage of such bills.

The panel emphasised that, “The legislature must be jealously guarded” being the representation of the people in the process of governance, and subsequently held as nullity all actions taken by the four members of the Pro-Fubara.

According to Omotosho the passage of the bill by four lawmakers was an aberration and illegality, and subsequently ordered Fubara to represent the budget to the  Martins  Amaewhule-led Assembly.  

Omotosho also issued an order restraining Fubara from frustrating the Assembly-led by Amaewhule from sitting or interfering in its activities.

Meanwhile, the court held as unlawful, the redeployment of the Clerk and Deputy Clerk of the Assembly, by the governor, stating that the action amounted to an affront on separation of power.

Court Didn’t Reinstate Amaewhule, 26 Others, State Govt Insists

The Rivers State Government, has insisted that the Appeal Court judgment of yesterday in Abuja did not reinstate the Martin Amaewhule-led faction of the State House of Assembly by any stretch of imagination.

In a statement by the State Attorney General and Commissioner for Justice, Israel Dagogo Iboroma (a Senior Advocate of Nigeria), in Port Harcourt, the government clarified that Amaewhule and 26 others had defected on December 11, 2023.

He added that their seats became automatically vacant from the day they announced their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The Attorney General insisted that the issue of defection of Amaewhule and 26 others was never before the Federal High Court and the Court of Appeal, Abuja, and therefore, no court has legitimised their membership of the House of Assembly on the basis of the defection.

“Today, the 10th day of October 2024, the Court of Appeal, Abuja Division dismissed Appeal No. CA/ABJ/133/CS/2024 filed by His Excellency, the Governor of Rivers State against the judgment of the Federal High Court, Abuja Division in suit No. FHC/ABJ/133/CS/2023 delivered on the 22nd day of January, 2024.

“It is important to state the facts and history of the case and the appeal thereof.

“On the 30th day of October, 2023, after the failed attempt to impeach His Excellency, the Governor of Rivers State, the Rivers State House of Assembly became polarised into two factions.

“The faction led by Martin Amaewhule proceeded to the Federal High Court, Abuja Division and filed Suit No. FHC/ABJ/1613/CS/2023, on the 29th day of November, 2023.

“Subsequently, on the 11th day of December, 2023, Martin Amaewhule and others defected from the Peoples Democratic Party that sponsored their election in the 2023 Legislative Assembly Election, to the All Progressives Congress.

“By operation of Law, particularly Section 109(i) (g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Martin Amaewhule and 26 others automatically lost their seats as members of the Rivers State House of Assembly on the 11th day of December, 2023, as Section 109(1)(g) is self executory as no court order is required thereof.

“His Excellency, the Governor of Rivers State on the 13th day of December, 2023, presented the 2024 Appropriation Bill to the Rivers State House of Assembly, led by Rt. Hon. Edison Ehie, who was recognised as the Speaker of the Rivers State House of Assembly at the time.

“The Appropriation Bill was later passed into Law and became the Appropriation Law of 2024. An Appropriation Law is a state law within the purview of the High Court of Rivers State.

“Following the crisis in the Rivers State House of Assembly and the intervention by the President of the Federal Republic of Nigeria, that the parties withdraw their cases in Court, to allow peace reign, His Excellency the Governor of Rivers State obeyed the President’s directive and withdrew his cases and the processes he filed in Suit No FHC/ABJ/1613/CS/2023.

“Martin Amaewhule and others disobeyed the President and did not withdraw Suit No. FHC/ABJ/1613/CS/2023 and proceeded to obtain judgment against His Excellency, the Governor of Rivers State.

“After the judgment of the Court of Appeal today, there is a gale of misrepresentation and misinterpretation that Martin Amaewhule & 26 others remain members of the Rivers State House of Assembly with Martin Amaewhule as the speaker thereof. This is patently false.

“The defection of Martin Amaewhule and 26 others was not an issue for determination in the Federal High Court, Abuja and the Court of Appeal. What was in issue was the 2023 Appropriation Law and the National Assembly taking over the Legislative functions of the Rivers State House of Assembly,” Iboroma said.

He continued: “Dissatisfied with the judgment of the Court of Appeal, Abuja Division, His Excellency, the governor has directed his lawyers to file an appeal against the judgment of the Court of Appeal to the Supreme Court and also file an application for stay of execution of the judgment of the Court of Appeal. That maintains the status quo.

“Accordingly, His Excellency, the Governor of Rivers State urges the good people of Rivers State to ignore the purveyors of fake news bent on misleading the good people of Rivers State.”