The Court of Appeal in Abuja has affirmed Hon. Martin Amaewhule as the authentic Speaker of the Rivers State House of Assembly and validated his leadership along with the pro-Wike faction as the legitimate members of the Assembly.
In a unanimous decision delivered on Thursday by a three-member panel of Justices, the appellate court dismissed an appeal filed by Governor Siminalayi Fubara, upholding a previous judgment by the Federal High Court on January 22 that nullified the Rivers State 2024 budget.
The court ruled that the budget was improperly presented, as it was not laid before a constitutionally recognized assembly.
READ ALSO: Fubara Appeals To Wike, Urges Peace Amid Internal Tensions
The controversy stemmed from a rift between Governor Fubara and his predecessor, now the Minister of the Federal Capital Territory (FCT), Nyesom Wike, which led to a deep division within the Assembly.
Fubara’s move to sideline Amaewhule and 26 pro-Wike lawmakers while presenting the ₦800 billion budget for the 2024 fiscal year to only four lawmakers led by Hon. Edison Ehie—who had emerged as a factional speaker—sparked a political crisis.
The court ruled that Governor Fubara’s decision to engage only four out of the 31 members of the House amounted to a violation of Section 91 of the 1999 Constitution, which stipulates the proper composition of a legislative assembly. The governor’s exclusion of the majority of the House was deemed an act of tyranny.
According to the appellate court, Governor Fubara weakened his own defense by withdrawing a counter-affidavit he filed against a legal action brought by the Amaewhule-led lawmakers, which sought their recognition as the bona fide members of the Assembly. The court interpreted this as an acknowledgment of their legitimacy.
READ ALSO: Fubara Gets 7 Days To Re-Present 2024 Budget
Additionally, the appellate court criticized the governor’s actions, including the demolition of the Rivers State Assembly complex and the withholding of funds allocated to the Assembly. It also ruled that Fubara’s redeployment of the Clerk and Deputy Clerk of the Assembly was unconstitutional.
The panel stated that “a party must be consistent in the presentation of its case. A party cannot approbate and reprobate or blow hot and cold at the same time,” emphasizing that Governor Fubara’s withdrawal of processes signaled his concession to the opposing lawmakers.
While Governor Fubara withdrew his processes in line with the peace agreement facilitated by President Bola Tinubu—which included the restoration of Amaewhule as the Speaker—the pro-Wike lawmakers only withdrew an impeachment notice they had served on him but did not abandon their legal battle.
The appellate court, while upholding the High Court’s ruling, affirmed that all actions taken by the Assembly without the participation of the Amaewhule-led faction, including the passage of the budget, were null and void.
READ ALSO: Fubara Swears In Newly Elected Chairmen In Rivers
In its judgment, the court issued an order restraining Governor Fubara from impeding or frustrating the operations of the Assembly under Amaewhule’s leadership. It further directed the governor to release all funds standing to the credit of the Rivers State House of Assembly.
The court also imposed a fine of ₦500,000 on Governor Fubara, payable to each of the respondents in the appeal, which was marked as CA/ABJ/CV/133/2024.
This ruling reaffirms the position of Hon. Martin Amaewhule and the pro-Wike lawmakers as the lawful representatives of the people of Rivers State in the Assembly, putting an end to the factional dispute that had disrupted legislative activities in the state.
Punch