Babatunji Wusu –
- Court of Appeal confirms Hon. Martin Amaewhule as legitimate Speaker of the Rivers State Assembly.
- Dismissal of Governor Fubara’s appeal solidifies Amaewhule’s faction’s authority.
- Previous Federal High Court ruling declared the 2024 budget invalid due to improper presentation.
- Governor Fubara’s actions criticized for violating constitutional provisions and interfering with legislative independence.
- Court issues injunction against Fubara, mandating release of funds to the Assembly.
- Cost of ₦500,000 imposed on Fubara, reinforcing the ruling in favor of Amaewhule’s faction.
In a pivotal ruling on Thursday, the Court of Appeal in Abuja affirmed Hon. Martin Amaewhule as the legitimate Speaker of the Rivers State Assembly. This decision, made by a three-member panel of Justices, not only solidifies Amaewhule’s position but also validates his faction’s authority within the Assembly.
The court dismissed an appeal from Rivers State Governor Siminalayi Fubara, who had contested the legitimacy of Amaewhule’s leadership. This ruling reinforces a prior judgment by the Federal High Court on January 22, which annulled the Rivers State 2024 budget due to its presentation before a non-legitimate Assembly. The court highlighted that Governor Fubara’s submission of the budget to a faction not recognized by the court raised significant legal concerns.
Notably, the appellate court pointed out that Fubara weakened his own case by withdrawing a counter-affidavit that sought to dispute the claims made by Amaewhule’s faction. By doing so, Fubara inadvertently provided grounds for Amaewhule’s faction to assert their legitimacy.
Central to the court’s ruling was the governor’s decision to present the 2024 Rivers State Appropriation Bill to only four out of the Assembly’s 31 members. This act was deemed a violation of Section 91 of the 1999 Constitution (as amended), which mandates inclusive representation in legislative processes.
The Rivers State Assembly has faced divisions stemming from tensions between Governor Fubara and his predecessor, Nyesom Wike, who is now the Federal Capital Territory Minister. Fubara had disregarded the 26 pro-Wike lawmakers in Amaewhule’s faction and chose to engage with a faction led by Hon. Edison Ehie, who declared himself factional Speaker. The Ehie-led group controversially declared the pro-Wike members’ seats vacant, citing their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
Despite these complications, a peace agreement mediated by President Bola Tinubu sought to resolve the issues, leading to Fubara and Wike agreeing to reinstate Amaewhule as Speaker. Following this accord, Ehie withdrew all court filings and renounced his claims to Assembly leadership.
While Fubara attempted to comply with the peace agreement by withdrawing his court submissions, Amaewhule’s faction chose to maintain their legal challenge, retracting only an impeachment notice against the governor.
In its judgment, the court, led by Justice James Omotosho, ruled the 2024 budget invalid due to improper presentation. Justice Omotosho criticized Fubara for actions including the demolition of the Rivers State Assembly complex and withholding funds necessary for its operations. The court deemed Fubara’s redeployment of the Assembly’s Clerk and Deputy Clerk unconstitutional, viewing it as unlawful interference with the Assembly’s independence.
Furthermore, the court emphasized that Fubara acted in contempt of a prior court order, which prohibited any actions that could impact the case’s outcome. It affirmed that the National Assembly lacks authority to intervene in state legislative matters unless specific constitutional conditions are met.
As part of its ruling, the court voided any actions taken by the Assembly without the participation of Amaewhule’s faction and issued an injunction against Fubara from obstructing the Assembly’s operations. Additionally, it mandated the release of all funds owed to the Assembly.
The appellate court upheld the earlier Federal High Court ruling, reinforcing that Fubara’s retraction of legal challenges implied recognition of Amaewhule’s legitimacy. It cautioned Fubara against inconsistent legal strategies, asserting that “a party must be consistent in the presentation of its case.” The court concluded by imposing a cost of ₦500,000 on Fubara, payable to each respondent, further affirming the ruling in favor of the Amaewhule-led Assembly.
