The Federal High Court sitting in Abuja has nullified the N800 billion budget passed by the Edison Ehie-led group of the Rivers State House of Assembly and signed into law by the Rivers State Governor, Siminalayi Fubara.
In a judgement delivered on Monday, Justice James Omotosho held that a five-man assembly’s passage of the budget was illegal and unconstitutional.
The court also restored the leadership of Martin Amaewhule, leader of the 25 legislators loyal to the former governor of the state, Nyesom Wike, as the lawful and authentic Speaker of the State House of Assembly.
The Amaewhule-led Assembly had dragged Fubara to court seeking an order of injunction restraining the governor from frustrating the Assembly under his leadership as speaker, among others.
Fubara had presented the budget to the Ehie-led House on December 13, 2023, in the heat of the political crisis in the state.
The presentation was done at the Government House in Port Harcourt, following the demolition of the Assembly Complex by the state government and after a court restrained Ehie’s rival, Martins Amaewhule, from using the Assembly Complex.
After the budget was passed by the five-man assembly and signed by Governor Fubara, Amaewhule and 25 other lawmakers loyal to ex-Governor Nyesom Wike subsequently demanded that Fubara presented the 2024 budget estimates to the Assembly afresh.
They subsequently instituted a suit seeking to compel the governor to present the 2024 budget estimates to them.
In his judgement, Justice Omotosho held that Fubara acted like a tyrant in the ways and manners the House of Assembly was demolished and its funds from the Consolidated Account withheld.
The judge said the presentation of the budget by the governor to the Ehie-led group was contempt to his order issued against Fubara from taking any action on the House of Assembly because of the pendency of the suit.
Justice Omotosho ruled that how the budget was purportedly passed was a nullity and of no effect whatsoever.
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