RIVERS ASSEMBLY ISSUES 7 - DAY ULTIMATUM TO GOV. FUBARA TO PRESENT 2024 APPROPRIATION BILL, CONDEMNS GOVERNOR'S CONSTITUTIONAL BREACHES

The Rivers State House of Assembly under the Speakership of Rt. Hon. Martin Chike Amaewhule, at its 1st Legislative Sitting of the Second Session of the Tenth Assembly, on Monday, deliberated on the actions and inactions of Gov. Fubara which the averred are in breach of the 1999 Constitution of the Federal Republic of Nigeria as altered, extant laws and judgements of competent Courts of Law.

The House called the attention of Gov. Fubara to the fact that he is yet to present the 2024 Appropriation Bill of the State to the duly constituted Rivers State House of Assembly in line with the provisions of Section 121 of the Constitution and in compliance with the judgement of Justice Omotosho of the Federal High Court.

The House then resolved to give the Governor 7 days from the date of the Resolution to present the Appropriation Bill to the House.

The House also drew the attention of Gov. Fubara to his breach of Section 192(2) of the Constitution wherein he swore-in purported members of the State Executive Council as Commissioners as well as a breach of Section 7 (1) of the Constitution and the Rivers State Local Government (Amendment) Law, 2023, wherein he again swore - in certain unelected individuals to manage the affairs of the 23 Local Government Councils in the State, in flagrant disobedience to the Constitution and judgement of Justice Omotosho of the Federal High Court.

Commenting, the Speaker, Rt. Hon. Martin Amaewhule decried a situation where the Governor in total disregard to the Constitution and judgements of Courts transacts Legislative business with
three suspended members of the Assembly, who parade themselves as House of Assembly of the State.

Rt.Hon. Amaewhule stated that the purported screening and confirmation of Commissioner - nominees for appointment, Caretaker committees and other approvals by the three impostors have been declared null and void by by the recent Court of Appeal Judgement, adding that the Governor is and his co- travellers are in contempt of the orders of the court.

He therefore called on Gov. Fubara to do the needful without further delay as these constitutional breaches constitute gross misconduct and abuse of office. Earlier, the Leader of the House, Hon. Major Jack had presented the judgement of the Court Appeal to the House.

Also, today, the Chairman of the House Committee on Education presented the Report on the Rivers State Education (Return of Schools) (Amendment) Bill, 2024 to the House.

Signed

Martins Wachukwu
Special Assistant On Media To The Speaker, Rivers State House of Assembly

Monday, July 8, 2024.

ElevationD:
No be only speaker, na microphone.

The same council chairmen have been declared as not able to return to the councils.

Let’s see how it goes, with the back and forth by the courts.

fergie001:
Money wey don go?

vanitybutiwanti:
Which money? The year has not ended, I think there is a provision in the constitution that allows an elected individual to spend without budget for 6 months, that time has elapsed and that is what they are acting on

fergie001:

That budget can not be re-presented.
The Governor has signed already and implementation has started already.

He is not spending without budget, it was approved by the Edison Ehie house.

vanitybutiwanti:
Lol, what about the court order from the federal court invalidating everything done by edison and instructing the governor to represent the budget? I know you're pro fubara but try to be objective, it's clearly stated in the letter

fergie001:

That budget can not be re-presented.
The Governor has signed already and implementation has started already.

He is not spending without budget, it was approved by the Edison Ehie house.

fergie001:

I am been as objective as possible. I am not pro-anybody I wasn't there when they were negotiatin.

A Rivers High Court on Dec 12 confirmed Edison as Speaker despite an FHC order for injunction. Acting on the orders of that Court, the Gov presented a budget and signed the following day.

His pen on that document has initiated the process of acting on it. In Dec 29, Ehie resigned as both speaker and member of the house and so informed the Court.

I may be wrong but I do not think any Court has said Ehie Edison is not Speaker. Notwithstanding, on Jan 22, the FHC ruled that the Gov's presentation to that house was not legal.

The Gov has signed already nah and it has been overtaken by events.

senatordave1:


That budget was nullified by the high court alongside all activities done by him as it was an aberration.you cannot support illegality here and quote the law in Edo sir.stand one place.
The house has to write to FAAC and all banks housing rivers money barring withdrawals

vanitybutiwanti:
Federal High Court has ruled that Ehie was never speaker, can an expatre order(note that they usually have life spans) from a state high court supersede a 'Judgement ' from a federal high court? Nothing has been overtaken by events

fergie001:

This is also not true.

The Appeal Court nullified the jurisdiction of the Rivers State High Court but DID NOT order for a status quo ante bellum.

The lead judgement by Justice Bada did not seek status quo, the 2nd concurrent judgement by Justice Balkisu Bello did also not order for status quo.

It was only Hamma Barka who ordered for status quo and that's why vanitybwanti posted the screenshots of Barka alone but that is an orbiter.

Again, the Gov started acting on budget on 13/12/23 and the FHC gave that judgement on 22/1/24, so if the Amaewhule-led House decide to say No way, the Gov will refund or what?

The Gov has used his red biro already, dave. Let them start the fight from today, not yesterday.

fergie001:

This is also not true.

The Appeal Court nullified the jurisdiction of the Rivers State High Court but DID NOT order for a status quo ante bellum.

The lead judgement by Justice Bada did not seek status quo, the 2nd concurrent judgement by Justice Balkisu Bello did also not order for status quo.

It was only Hamma Barka who ordered for status quo and that's why vanitybwanti posted the screenshots of Barka alone but that is an orbiter.

Again, the Gov started acting on budget on 13/12/23 and the FHC gave that judgement on 22/1/24, so if the Amaewhule-led House decide to say No way, the Gov will refund or what?

The Gov has used his red biro already, dave. Let them start the fight from today, not yesterday.

fergie001:
At the time the budget was presneted to Ehie, passed and acted upon, he was speaker according to the Rivers High Court.

Now, it was during the lifespan of that ex-parte, that the budget was passed, signed and acted upon. Again, it is a failure of our Courts and Judges, so let Amaewhule start from today to do his oversight, if it's what happened, as of today, it cannot be undone.

So the Gov should pause spending or re-present it to them and halt the governance of the state till they pass the budget? Fubara has used red biro already, let them start from today's actions and start dealing with him if need be.

vanitybutiwanti:
I've told you that there is a provision in the constitution that enables government officials to spend public money for 6 months without a budget, nothing has been overtaken by events, as I speak to you, he has gone to the state high court to get an Interim injunction preventing the chief justice from working with Martins, what is he scared off? And again, from the Appeal judgement it was clearly stated that all parties should return to status quo antebellum. Will that tissue paper he went to procure today stop the house from carrying out their duties as affirmed by the Appeal court?

fergie001:

That action has taken place already, it's gone.
Let's move forward abeg!

vanitybutiwanti:
Let's see how it goes but please do not claim that you're being objective, thank you.

vanitybutiwanti:
It's not in your place to instruct people to move forward, the needful will be done and heaven will not fall

vanitybutiwanti:
Read the letter without sentiment you're educated, there is no court as at today stopping Martins from doing his job as speaker

ElevationD:
No be only speaker, na microphone.

The same council chairmen have been declared as not able to return to the councils.

Let’s see how it goes, with the back and forth by the courts.

ElevationD:


No sentiments. I read all through clearly.

My grouse is the continued commands issued to the governor by members of the state house of assembly. Would Wike have accepted such commands as the then governor? Surely he would have destroyed their properties and chased them out of Rivers state. What is the justification for theur continued attempt to remove the governor? Have the citizens of Rivers state, who demand good governance done any wrong in electing these people?

No court stops him, but are you aware that there are ongoing cases in the federal high court, instituted by the BOOT party and civil societies challenging his (and his co-sojourners) defection from PDP to APC?