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The Court of Appeal has scolded Governor Siminalyi Fubara over his role in the speakership crisis rocking the Rivers State House of Assembly, describing his refusal to recognise the Martin Amaewhule faction as a joke taken too far.
At the same time, the appellate court also affirmed the judgement of the Federal High Court, which nullified the ₦800 billion budget passed by five assembly members led by Edison Ehie.
In a judgement handed down on Thursday, October 10, 2024, the Court of Appeal dismissed Fubara’s appeal on the grounds that it lacked merit because the Governor had withdrawn his counter-affidavit at the lower court.
As such, the court held that he can't commence an appeal in a suit he didn't contest at the trial stage.
In the unanimous judgement, the judges noted that Fubara is constitutionally bound to apply the rule of law and not the rule of might.
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Going further, the judgement described the situation in the Rivers State House of Assembly as an executive dictatorship by the Governor, and a joke taken too far.
Fubara appeals High Court judgement
Recall that Justice James Omotosho of the Federal High Court in Abuja had nullified the Rivers 2024 budget passed by pro-Fubara lawmakers and voided the presentation and passage of the same.
In his judgement, Omotosho ordered Fubara to re-present the budget to the legally constituted House of Assembly under Martin Amaewhule's leadership.
This was after the Governor presented the budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’ of ₦800bn to five out of the over 30 lawmakers of the state house of assembly in December 2023.
Omotosho also ordered Fubara to release all funds accruable to the Rivers House of Assembly and barred the governor from interfering with the activities of the house.
The judgement also nullified the redeployment of the House clerk and deputy clerk by the state's head of civil service.
According to the court, the appointment of a clerk and deputy is an exclusive responsibility of the speaker, as stipulated in the Rivers State Assembly Service Commission law.
The judge further ruled that the Inspector-General of Police and the Nigeria Police Force were duty-bound to continue to provide security for all the citizens of the oil-rich state, including members of the state assembly.
The court also placed an embargo on the planned demolition and reconstruction of the Rivers State Assembly complex.
The court also ordered a pause on the planned demolition and reconstruction of the Rivers State Assembly complex.