October 10, 2024
By Ayinde Adeleke
The Court of Appeal in Abuja has upheld Martin Amaewhule as the genuine Speaker of the Rivers State Assembly, dismissing Governor Siminalaye Fubara’s appeal.
This decision validates the Amaewhule-led members as legitimate lawmakers for the state.
The Rivers State Assembly was divided due to the strained relationship between Governor Fubara and his predecessor, Nyesom Wike, Minister of the Federal Capital Territory. Fubara presented the 2024 budget to only four out of 31 assembly members, led by Edison Ehie, who emerged as a factional Speaker.
The Federal High Court initially nullified the 2024 budget on January 22, stating it wasn’t presented before the recognized state assembly members. The appellate court supported this verdict, emphasizing Fubara’s withdrawal of a counter-affidavit weakened his case.
According to the appellate court, Fubara’s decision to present the budget to only four lawmakers was a gross violation of Section 91 of the 1999 Constitution.
The court deemed Fubara’s actions, including demolishing the assembly complex and withholding funds, as tyrannical and unconstitutional.
Following President Bola Tinubu’s intervention, Fubara and Wike signed a peace pact restoring Amaewhule as Speaker. However, Fubara’s appeal was dismissed, and he was ordered to pay N500,000 to each respondent.
The court stressed the importance of consistency in presenting cases and adhering to the rule of law. The judges noted that a party cannot approbate and reprobate or blow hot and cold at the same time.
Amaewhule’s leadership was reaffirmed, and the court nullified all actions taken by the Rivers Assembly without the participation of Amaewhule-led members, including the presentation of the state appropriation bill.
The court also restrained Governor Fubara from impeding or frustrating the operations of the Assembly under Amaewhule’s leadership. Additionally, Fubara was ordered to release all funds allocated to the Rivers State House of Assembly.
