The Federal High Court, Abuja on Monday nullified the N800bn 2024 budget signed into law by the Rivers State Governor, Simi Fubara.
Recall that Fubara, on Thursday December 14, 2023, signed the 2024 Appropriation Bill of N800bn into law.
The bill was passed as breakneck speed even as the signing of the bill came a day after the governor presented the budget estimates to the State House of Assembly led by Edison Ehie, who later resigned as a member of the State House of Assembly.
The presiding judge, James Omotosho, held that everything done by the four lawmakers was null and void.
The court also recognised Martin Amaewhule as the speaker of the state assembly.
Justice Omotoso said the governor through his counsel, had withdrawn all his processes in the matter.
He, however, admitted the arguments and facts presented by the plaintiffs in the matter.
Omotoso also said Ehie, having resigned from the River State Assembly, could not sue or be sued in the case.
He subsequently declared the presentation of the Appropriation Bill to the four lawmakers void.
Omotoso said, “The purported sitting of Ehie and four other lawmakers who sat to pass the budget of the state is null and void.
“The order seeking to set aside the Appreciation Bill signed by the governor despite an interim order is hereby granted.”
He then ordered the governor to re-present the budget to the legally constituted House of Assembly led by Amaewhule.
He also faulted the redeployment of the Clerk and Deputy Clerk by the governor, saying that was beyond the power of the governor.
Omotosho said, “The constitution is clear that the appointment of a clerk and deputy clerk is done by the Rivers State Speaker and is subject to confirmation by the lawmakers, and that their appointment, remuneration are governed by the Rivers State House of Assembly Law, even though they are civil servants.”
He ordered the Clerk and the Deputy Clerk to resume office immediately and unhindered.
The judge also granted the order restraining the governor from continuing the demolition or construction of the Rivers State House of Assembly building.
The court also restrained the governor from frustrating the House of Assembly under Amaewhule from sitting or interfering in the affairs of the House.
“This court hereby declare that the governor of Rivers State, by himself or by members of the staff of the Rivers State Public Service are not entitled to take steps aimed at interfering in the affairs of the River State House of Assembly, the Speaker, in the performance of their duties,” Omotoso held.
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