The Rivers State governor, Sir Siminialayi Fubara, has been sent a notice of breach of the Nigerian constitution by the faction of the state House of Assembly, headed by Martins Amaewhule. The state parliament says the state budget was not presented to it as prescribed by the constitution and law, and the government is expending state resources without legislative appropriation.
The Assembly issued the notification during its own plenary session on Monday. The House pointed out to Fubara that his action violated his oath of office.
Speaker Martins Amaewhule signed the notice, dated July 8, titled “Resolutions reached at the First Legislative Day of the Second Session of the 10th Rivers State House of Assembly.”
No Appropriation
The House insisted that the governor had yet to present the bill to a duly constituted Rivers State House of Assembly under the speakership of Amaewhule in line with Section 122 of the Constitution.
Addressing Fubara, the House said: “You are yet to present the Rivers State Appropriation Bill, 2024 in line with Section 121(1) of the 1999 Constitution as altered and in compliance with the judgment delivered on the 22nd day of January 2024 by Honourable Justice J.K Omotosho of the Federal High Court of Nigeria.
“The Rivers State Government, under your watch, is now barred from spending funds from the state’s Consolidated Revenue Fund. The House hereby allows you to present same within seven days from the date of this resolution.”
No Executive Council
The Assembly faction accused the governor of running a government without a constituting a proper Rivers State Executive Council, which should comprise commissioners. They said he is therefore in default of Section 192(2) of the Constitution.
No Elected LGA Chairmen
The lawmakers further informed the governor that, by appointing certain unelected people to lead the 23 local government councils in the state—and in blatant defiance of Justice Omotosho’s ruling—he had also violated Section 7(1) of the Constitution and the Rivers State Local Government (Amendment) Law 2023. They also complained that he was dealing with three other members of the House – who has formed the Victor Oko-Jumbo-led House faction.
“The learned Judge restrained you from dealing with the three suspended who, with your connivance, are parading themselves as Rivers House of Assembly in total disobedience to the order of the learned Judge,” the House told the governor.
The assembly declared that the governor had continued to conduct business with the three suspended members in disobedience of the court’s orders, completely ignoring the requirements of the 1999 Constitution as amended and the Court of Appeal’s ruling.
According to the House, the governor has refused to order any imposters working for him to cease acting in character while holding official posts.
The letter said: “These infractions by you on the Constitution of the Federal Republic of Nigeria 1999 as altered, other extant laws and judicial pronouncements constitute gross misconduct and abuse of office on your part. We call on you to do what is needed and act lawfully without further delay. Please accept the assurances of our high regards.”
Fubara Secures Court Order
On his part, Gov. Fubara quickly secured an “interim injunction” from the court today “restraining” the Chief Judge of the state “from dealing with or howsoever relating” with the listed members of Martins Amaewhule-led faction of the House, thereby making any potential impeachment move illegal. The court ordered all parties to maintain “status quo” and report to the court on July 15.
Stalemate
Mr. Amaewhule’s House in reaching its resolutions today, feigned ignorance of the Victor Oko-Jumbo-led faction to whom the governor defers. That House has passed the governor’s budget and ratified his list of commissioners. The political and legal stalemate in Rivers State continues pitting the governor, allegedly against his predecessor and current federal minister, Nyesom Wike, while governance and the people’s welfare takes a hit.
Wike is believed to insist on keeping control of the government and the state’s political structure.
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