The Federal High Court, Abuja, on Monday, put an end to the political crisis rocking the Rivers state House of Assembly when it stopped the state governor, Siminalayi Fubara from interfering with the legislative functions of the House.
The Court held that the purported sitting of the Rivers state House of Assembly other than the one led by the second plaintiff was in violation of the interim order of the court.
“Thus, the purported sitting of the four members of the House of Assembly in violation of the order of the court was a nullity.
“The presentation of the 2024 budget of the state and appropriation bill by governor Fabura is void and considered not to have existed in the eyes of the law because it was in violation of the interim order of the Court”, the Judge held.0pp
In a judgement delivered by Justice James Omotoso, the court held that the governor has no power to tamper with the funds meant for the Rivers State House of Assembly.
The Rivers State House of Assembly and its Speaker, Martin Amaewhule had, in a suit marked FHC/ABJ/CS/1613/2023 filed against Governor Siminalayi Fubara, the National Assembly and others sought the order of the Court stopping the defendants from interfering with the official functions of the House.
James Omotoso, in his judgment, ordered Fabura to release all monies standing in the credit of the State House of Assembly and to stop interfering or tampering with the funds allocated to the House.
The court also ordered the Rivers state government to release all monies credited to the Rivers House of Assembly, adding that the state government is not entitled to withhold funds meant for the state House of Assembly.
The state government was also restrained from withholding the salaries and emoluments of the Speaker and members of the Rivers state House of Assembly and held that the state governor cannot give any instructions to the State House of Assembly without passing such instructions through the Speaker of the House.
The court also held that there is nothing before the court to show that the Rivers state House of Assembly was unable to sit to carry out its duties to warrant taking over of its affairs by the National Assembly.
The Judge held that State Houses of Assembly should not be treated as if they are appendages of the National Assembly and voided the deployment of the Clerk and deputy clerk of the Rivers state House of Assembly.
He ordered the Inspector General of Police and the Nigeria Police Force to ensure the security of lives and maintenance of law and order in Rivers state.
While finding it strange for Governor Fabura to be interfering with the functions of the State House of Assembly, Justice Omotoso ordered the Rivers state government to stop further demolition of the Rivers State House of Assembly complex.
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