The Abuja division of the Court of Appeal has affirmed Hon. Martin Amaewhule as the authentic Speaker of the Rivers State Assembly.
This was after the appellate court dismissed the appeal filed by the Rivers State Governor, Siminalaye Fubara against the judgment of the Abuja division of the Federal High Court which nullified the 2024 appropriation Bill of the Rivers State House of Assembly on the ground that it was not presented before members of the state assembly that were known to the law.
In dismissing the appeal for lacking in merit, the three-member panel of the appellate court led by Justice Joseph Oyewale unanimously held that Governor Siminalaye Fubara, shot himself in the foot when he voluntarily withdrew all the processes including his counter-affidavit challenging the suit filed by the Amaewhule-led lawmakers instituted to be recognised as valid members of the Rivers State House of Assembly.
The court equally held that Governor Fubara’s decision to present the 2024 Rivers State Appropriation Bill to only four out of 31 members of the Assembly, amounted to a gross violation of section 91 of the 1999 Constitution, as amended.
Justice James Omotosho of the Abuja division of the Federal High Court had, in the January 22 judgment, described the passage of the Rivers State’s 2024 Appropriation Bill by the five lawmakers, led by Ehie Edison, as an aberration and illegality.
He consequently ordered Governor Fubara to represent the budget to the Martins Amaewhule-led Assembly.
Listed as defendants in the suit marked FHC/ABJ/CS/1613/2023 were the National Assembly, Senate President, Deputy Senate President, Senate Majority Leader, the Senate Minority Leader, Speaker of the House of Representatives, the Deputy Speaker, the House Majority Leader, the House Minority Leader, as well as the Clerk to the National Assembly.
Others were the Governor of Rivers State, Attorney-General of Rivers, Commissioner of Finance, Accountant-General of Rivers, Rivers State Civil Service Commission, Inspector-General of Police, and Edison Ehie.
While dismissing an appeal that was lodged before it by Governor Siminalaye Fubara, the court upheld a judgment the Federal High Court delivered on January 22, which nullified the 2024 budget of Rivers State on the premise that it was not presented before members of the state assembly that were known to the law.
According to the appellate court, Fubara shot himself on the foot when he voluntarily withdrew a counter-affidavit he filed to challenge a legal action the Amaewhule-led lawmakers instituted to be recognised as valid members of the Rivers State House of Assembly.
Justice Oyewale was emphatic to the fact that by voluntarily withdrawing his processes challenging the suit on January 18, 2024, Fubara has conceded to Amaewhule-led lawmakers when he withdrew all the processes he filed against their suit.
“By voluntarily withdrawing his processes at the trial court, the 11 respondent has forced a faux pas which cannot be redeemed by advocacy no matter how brilliant.
“A party must be consistent in the presentation of its case. A party cannot approbate and reprobate or blow hot and cold at the same time,” the appellate court held.
“You cannot put something on nothing and expect it to stand.
The court held that governor Fubara’s decision to present the 2024 Rivers State Appropriation Bill to only four out of 31 members of the Assembly, amounted to a gross violation of section 91 of the 1999 Constitution, as amended.
“The Governor, having failed to challenge the suit at the trial court, is bound by the judgment of the court. Parties must be consistent as justice is not a game of hide and seek.
In his contributory judgment, Justice Abang Okon descended heavily on Governor Fubara accusing him of embarking on “executive recklessness” and “treating orders of court with disdain.”
According to Justice Abang, ” Rule of might has no place in a democracy.
The court further held that four members of the Rivers State House of Assembly did not form the quorum required for transacting the legislative functions of the House of Assembly as 27 other members representing their constituencies were denied representation.
It held that the orders of the trial court were appropriate given the circumstance of the case, saying the appeal Fubara filed before it amounted to an academic exercise.
Accordingly, it ordered Fubara to pay a cost of N500,000 to each of the Respondents in the appeal marked: CA/ABJ/CV/133/2024.
The Rivers State Assembly was fractionalised owing to the frosty relationship between Governor Fubara and his predecessor and Minister of the Federal Capital Territory, FCT, Nyesom Wike.
Following the development, governor Fubara sidelined the Amaewhule-led 26 members of the House that were loyal to Wike and presented the state’s N800billion 2024 budget before the four lawmakers led by Hon. Edison Ehie who had emerged as a factional Speaker of the Assembly.
Consequently, the Ehie-led faction, which had also declared seats of the Amaewhule-led pro-Wike lawmakers vacant for defecting to the All Progressives Congress, APC, from the Peoples Democratic Party, promptly passed the budget which was quickly assented to by Governor Fubara.
But following a peace accord that was brokered by President Bola Tinubu, the factional Speaker, Ehie, subsequently withdrew all the processes he filed before the court and equally rescinded both his seat and his membership of the Assembly.
But while Governor Fubara, who was also in line with terms of the peace deal, withdrew all the processes he filed to challenge the suit, the pro-Wike lawmakers only withdrew an impeachment notice they served on him while they declined to terminate their legal action.
Justice Omotosho had in his judgment that went on appeal recognised Martin Amaewhule as the authentic Speaker of the Rivers State Assembly and faulted Governor Fubara for meddling in the affairs of the state’s legislative organ.
Justice Omotosho held that Governor Fubara acted unconstitutionally when he redeployed the Clerk and Deputy Clerk of the Rivers State Assembly.
The judge had stressed that the governor lacked the statutory rights to interfere with the operations of the Rivers State House of Assembly.
Besides, the court held that the conditions listed in Section 11 of the 1999 Constitution, as amended, which would allow the National Assembly to take over the legislative affairs of Rivers State, have not occurred.
It therefore issued an order of injunction, restraining Governor Fubara from impeding or frustrating the operations of the Assembly under Amaewhule’s leadership as its speaker.
The court issued an order of injunction, restraining the defendants from entertaining any request from Governor Fubara to take over the performance of the functions of the Rivers State Assembly, including its role to make laws for the peace, order, and good government of Rivers in respect of matters that are within its constitutional and legislative competence.
It barred Governor Fubara from proceeding with his plan to demolish the Rivers State House of Assembly complex, even as it ordered the release of all funds standing to the credit of the Assembly.
