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Passage of Rivers N800bn 2024 budget illegal –Court

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.Asks Fubara to represent it
.Strips Gov of powers over assembly

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…APC Chairman, Okocha hails judgement

By Emmanuel Nlewedum, Port Harcourt

A Federal High Court sitting in Abuja, has ordered the Rivers State Governor, Sir Siminalaye Fubara to represent the 2024 budget which he had earlier signed to the State House of Assembly led by Speaker, Martin Amaewhule.

The court presided by Justice James Omotoso in a judgment delivered on Monday, voided and set aside the presentation and passage of over N800bn budget by a group of four-member legislators led by then factional Speaker of the assembly, Edison Ehie, who later resigned as Speaker and as a lawmaker.

The court also upheld the suit filed by the Assembly and Speaker Martin Amaewhule against Fubara, which sought an order of injunction restraining the governor from frustrating the Assembly under his leadership as Speaker, among other claims.

Recalled that Governor Fubara had on Thursday, December 14, 2023, signed the N800 billion 2024 budget into law, barely 24 hours after it was presented to a four-man House of Assembly for approval.

James Omotoso in his judgement quashed the alleged withholding of the House of Assembly fund by the governor on the ground, declaring that he has no constitutional power to do so.

The court restrained Governor Fubara from frustrating the House of Assembly under Amaewhule from sitting or interfering in the affairs of the House, and also nullified and set aside the redeployment of the Clerk and the Deputy Clerk of the assembly by the Governor.

Justice Omotoso who mandated the Clerk and the Deputy Clerk to resume office immediately and unhindered also ordered the Inspector General of Police to immediately give adequate security to the Speaker and legislators.

The Court also barred National Assembly from taking over the Rivers State House of Assembly or accepting or treating any request from Governor Fubara.

The court further ordered Gov Fubara to release all monies standing in the credit of the House of Assembly to Martin Amaewhule.

 

Meanwhile, Caretaker Committee Chairman of the All Progressives Congress in Rivers State has applauded the decision of the Federal High Court Abuja to nullify the N800 billion budget passed by the Edison Ehie-led group of the lawmakers and signed into law by Governor Fubara.

Reacting to the judgement in Port Harcourt, Okocha commended the judiciary for its uprightness in ensuring that the right thing is done. He emphasized that the budget was never presented in the first instance because the Ehie-led group did not meet the 1/3 (10 persons, approximately) statutory requirement of forming a quorum in the House. It therefore amounts to putting something on nothing.

He however, urged the governor to represent to the Rivers State House of Assembly led by Rt. Hon. Martin Amaehwule.

He said, “The budget was presented in error. There is no way 4 Assembly Members will be sitting as an Assembly when the law stipulated one-third, which is about 10 members. So it means that the Assembly never met, and for the Governor to take such a risk amounts to putting something on nothing. So the decision of the Federal High Court, which also stopped the Governor from interfering with the affairs of the Rivers State House of Assembly, is in order and is welcomed by us.”

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