In a significant ruling on Thursday, the Court of Appeal in Abuja confirmed Hon. Martin Amaewhule as the legitimate Speaker of the Rivers State Assembly.
The decision 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 filed by Rivers State Governor Siminalayi Fubara, who challenged the legitimacy of Amaewhule’s leadership.
This ruling reinforces an earlier judgment made by the Federal High Court on January 22, which nullified the Rivers State 2024 budget on grounds that it was not presented before a legally recognized Assembly.
This earlier decision highlighted a critical issue: Governor Fubara’s presentation of the budget to a faction of the Assembly that the court did not recognize as legitimate.
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The appellate court emphasized that Governor Fubara undermined his own position by withdrawing a counter-affidavit intended to contest the legal action brought by Amaewhule’s faction, who sought judicial acknowledgment of their authority.
By retracting this counter-affidavit, Fubara effectively weakened his own stance, leaving the Amaewhule-led Assembly faction with legal grounds to assert their legitimacy.
A focal point in the court’s ruling was Fubara’s action to present the 2024 Rivers State Appropriation Bill to only four out of the Assembly’s 31 members.
The court found this action in violation of Section 91 of the 1999 Constitution (as amended), which mandates inclusive representation within legislative proceedings.
The Rivers State Assembly had been embroiled in division due to strained relations between Governor Fubara and his predecessor, now Federal Capital Territory Minister, Nyesom Wike.
Amid this tension, Governor Fubara disregarded Amaewhule’s faction, which consists of 26 pro-Wike lawmakers, and chose to present the state’s ₦800 billion 2024 budget to a group of only four legislators led by Hon. Edison Ehie, who had declared himself as the factional Speaker.
The Ehie-led faction declared the pro-Wike lawmakers’ seats vacant, claiming that their defection to the All Progressives Congress (APC) from the People’s Democratic Party (PDP) warranted their removal.
This faction subsequently approved the budget, which Governor Fubara promptly signed into law.
However, a peace agreement brokered by President Bola Tinubu sought to resolve these conflicts, resulting in both Fubara and Wike agreeing to terms that would reinstate Amaewhule as the Speaker.
Following this accord, Hon. Edison Ehie withdrew all his filings from the court, abandoned his claims to the Assembly’s leadership, and vacated his seat.
Despite Governor Fubara’s attempt to adhere to the peace terms by withdrawing his court submissions, the Amaewhule-led faction did not withdraw its suit entirely.
They instead opted to retract only an impeachment notice they had issued against the governor, keeping their legal challenge intact.
In its decision, the court, led by Justice James Omotosho, held that the 2024 budget was invalid because it was presented in contravention of legal procedures.
Justice Omotosho criticized Governor Fubara’s actions, including the demolition of the Rivers State Assembly complex and the withholding of funds meant for legislative operations.
The court ruled that Fubara’s redeployment of the Clerk and Deputy Clerk of the Assembly was also unconstitutional, deeming it an unlawful interference with the Assembly’s independence.
Justice Omotosho further emphasized that Governor Fubara acted in contempt of a prior court order, which had explicitly barred any actions that might affect the case’s outcome.
The court noted that unless specific conditions under Section 11 of the 1999 Constitution are met, the National Assembly lacks the authority to intervene in state legislative matters.
As part of its judgment, the court voided any actions taken by the Rivers Assembly without the participation of the Amaewhule-led legislators, including the adoption of the 2024 budget.
An injunction was issued preventing Governor Fubara from obstructing the Assembly under Amaewhule’s leadership, and the court ordered him to release all funds due to the Assembly.
The appellate court upheld the Federal High Court’s ruling, underscoring that Governor Fubara’s retraction of legal challenges amounted to an acknowledgment of Amaewhule’s legitimacy.
The court admonished Fubara’s inconsistent approach, warning that “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.”
In a final directive, the court imposed a cost of ₦500,000 on Fubara, payable to each respondent in the case, further reinforcing the outcome in favor of the Amaewhule-led Assembly members.
