On Thursday, the Court of Appeal in Abuja upheld a previous ruling by the Federal High Court, which voided the state's N800 billion 2024 budget. Governor Fubara had presented this budget to a four-member Assembly last December after the seats of 27 pro-Wike lawmakers were declared vacant following their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The four-member Assembly, led by Speaker Edison Ehie, considered and passed the budget, which was signed into law by Governor Fubara within 24 hours. However, the pro-Wike faction challenged the budget’s legitimacy in court and, in January, secured a Federal High Court ruling in Abuja that nullified it.
Unhappy with the verdict, Governor Fubara appealed the decision. But a three-member panel of the Appeal Court, led by Justice Joseph Oyewole, affirmed the lower court’s judgement, declaring the budget void. The court also ruled that the pro-Wike faction, led by Martin Amaewhule, was the legitimate House of Assembly.
Despite this, Rivers State Attorney General and Commissioner for Justice, Dagogo Iboroma, insisted that the issue of the lawmakers’ defection was not addressed by the court. Iboroma, a Senior Advocate of Nigeria, argued that the pro-Wike lawmakers automatically lost their seats on December 11, 2023, citing Section 109(1)(g) of the 1999 Constitution, which states that lawmakers lose their seats upon defection without needing a court order.
In response to the Appeal Court ruling, Governor Fubara has instructed his legal team to file an appeal with the Supreme Court and seek a stay of execution, thereby maintaining the current status quo.
The Rivers State Assembly has been embroiled in a deep political crisis since October 2023, when pro-Wike lawmakers, backed by Nyesom Wike, the former governor and now Minister of the Federal Capital Territory, attempted to impeach Fubara. The Assembly split into two factions: 27 lawmakers loyal to Wike and initially four members loyal to Fubara. Both factions have been holding parallel sittings at separate locations in Port Harcourt.
The crisis escalated on December 11, 2023, when the pro-Wike lawmakers announced their defection to the APC. In response, Speaker Edison Ehie declared their seats vacant and continued legislative activities with the remaining four-member assembly. It was under this assembly that Governor Fubara’s 2024 budget was presented and passed.
Prior to the budget presentation, Governor Fubara ordered the demolition of the state assembly complex, which had been damaged in an attempted bombing during the impeachment bid. The government claimed the building was declared unsafe by experts, but many speculated that the move was intended to prevent pro-Wike lawmakers from holding parallel sessions.
In an attempt to resolve the ongoing crisis, President Bola Ahmed Tinubu facilitated a controversial peace pact between Governor Fubara and Wike. The deal, widely criticized for favoring Wike, required Fubara to allow the pro-Wike lawmakers back into the assembly, restore their rights, and resubmit the 2024 budget for their approval. The agreement also called for the withdrawal of all pending lawsuits and the recall of Wike’s allies who had resigned, including a withdrawal of the impeachment notice against Fubara.
As part of the peace process, Speaker Edison Ehie resigned, leaving only three pro-Fubara lawmakers in the Assembly. Ehie also withdrew contempt proceedings against the pro-Wike faction.
However, despite the peace deal, the pro-Wike lawmakers have refused to withdraw their court cases, including the challenge to the legality of the 2024 budget, leaving Governor Fubara to face continued legal battles.
