In a prior ruling, Justice James Omotosho had voided the presentation and passage of the budget, which was approved by only five members of the House, all aligned with Governor Fubara. The Rivers State Assembly is currently divided, with a faction supporting the governor and another loyal to former governor and current Minister of the Federal Capital Territory (FCT), Nyesom Wike.
Justice Omotosho declared the budget, which Fubara had presented as the "Budget of Renewed Hope, Consolidation, and Continuity," null and void, stating that it was passed in violation of a prior court order issued on November 30, 2023. He also ruled that Fubara must present the budget to the Amaewhule-led faction, which is aligned with Wike.
The court further ordered Governor Fubara to release all funds due to the Rivers State Assembly and prohibited any interference with the Assembly's operations. The redeployment of the assembly's clerk and deputy clerk, carried out by the state's head of civil service, was also nullified, with the court affirming that such appointments fall under the speaker's authority, as per the Rivers State Assembly Service Commission law.
In a significant move, the court barred the National Assembly from intervening in the affairs of the Rivers State House of Assembly or accepting any requests from Governor Fubara to assume legislative responsibilities. The ruling also halted any planned demolition or reconstruction of the Rivers State Assembly complex.
The decision is rooted in an earlier injunction preventing Governor Fubara and his faction from interfering with the assembly led by Amaewhule. The court emphasized that Fubara’s withdrawal of his opposition to the plaintiffs’ suit implied an admission of their claims.
The case, brought by Amaewhule and other members of the assembly, also named several key figures, including the leadership of the National Assembly and the Rivers State government, as defendants. They sought to prevent the National Assembly from assuming control of the Rivers legislature, while demanding that the state government release funds owed to the assembly.
The judgment reinforces the division within the Rivers State House of Assembly, which has been embroiled in a power struggle between supporters of Governor Fubara and those loyal to Wike. The court’s decision represents a significant legal victory for the pro-Wike faction, leaving the governor with the task of reconciling with the state legislature to ensure the passage of the 2024 budget.
