Justice James Omotosho, in a judgment, held that the presentation of the appropriation bill by Gov. Siminalayi Fubara on Dec. 13, 2023 and its passage by the lawmakers amounted to nullity following an interim order made by the court on Nov. 30, 2023.
Justice Omotosho, who made an order of injunction restraining Fubara and other defendants from interfering with the state’s assembly led by Martin Amaewhule, held that the passage of the bill into law was a willful breach of the court order.
The judge also stopped the governor or any members of the state executive arm from appointing or reposting any person as a clerk or deputy clerk of the assembly in contravention with the laws governing the Rivers State House of Assembly Service Commission.
He further made an order restraining the National Assembly from taking over the state’s assembly.
Justice Omotosho held that the decision of the court was premised on the earlier order made on Nov. 30, 2023 and the facts that Fubara, who was 11th defendant in the case, withdrew his processes in opposition to the plaintiffs’ originating motion.
Having withdrawn his counter affidavit and other processes in this case, the judge said, it is deemed that the governor has admitted the facts in the motion since it was not challenged.
The News Agency of Nigeria (NAN) reports that the Rivers House of Assembly and Amaewhule are 1st and 2nd plaintiffs in the suit marked: FHC/ABJ/CS/1613/2023.
In the amended originating summons dated Dec. 7, 2023 but filed Dec. 11, 2023 by their team of lawyers including Ken Njemanze, SAN, Ferdinand Orbih, SAN, among others, the plaintiffs sued the NASS, Senate President, Deputy Senate President, Senate Majority Leader, Senate Minority Leader as 1st to 5th defendants respectively.
Also joined in the suit include House of Representatives Speaker, House Deputy Speaker, House Majority Leader, House Minority Leader, Clerk to NASS as 6th to 10th defendants.
They also sued Governor of Rivers, Attorney-General of Rivers, Commissioner of Finance, Accountant-General of Rivers, Rivers State Civil Service Commission, Inspector-General (I-G) of Police and Rt. Honourable Edison Ehie, who is also listed as Rivers Assembly’s Speaker in the suit, as 11th to 17th defendants respectively.
The plaintiffs sought an order directing all parties to maintain status quo as at Nov. 29, 202
They also a sought an order of injunction restran‘ng the 1st to 10th defendants (NASS) from entertaining any request from the 11th defendant (Fubara) to take over the performance of the functions of Rivers Assembly, including its role to make laws for the peace, order and good government of Rivers in respect of matters that are within its constitutional and legislative competence.
“AN ORDER OF MANDATORY INJUNCTION compelling the Inspector General of Police (whether by himself or by officers and men of the Nigeria Police Force under his command) to provide and continue to provide adequate Security and protection for the 1* Plaintiff under the leadership of the 2” Plaintiff as the Speaker of the Rivers State House of Assembly for the purpose of transacting the business of the 1% Plaintiff.
They sought an order of injunction restraining Gov. Fubara from impeding or frustrating the assembly under Amaewhule’s leadership as its speaker.
They equally sought an order restraining Fubara including the 12th, 13th and 14th defendants from withholding any amount standing to the credit of Rivers Assembly in the state’s Consolidated Revenue Fund, including salaries and emoluments due and payable to the speaker, deputy speaker and other members of the house as well as to the clerk, deputy clerk and other members of staff of the assembly.
Alternatively, they sought an order of injunction restraining them from denying the assembly of the due funds for running its affairs including the payment of salaries, allowances, emoluments and meeting its financial obligations no matter how described, among other 11 reliefs. (NAN)
