Breaking: Supreme Court Upholds Amaewhule-Led Rivers Assembly, Dismisses Fubara’s Appeal


In a significant legal development on October 10, 2024, the Court of Appeal in Abuja dismissed an appeal filed by Rivers State Governor Siminalayi Fubara, thereby affirming Hon. Martin Amaewhule as the legitimate Speaker of the Rivers State House of Assembly. This decision also validated the legislative actions taken by the Amaewhule-led Assembly. 

The appellate court's unanimous ruling upheld a prior judgment from the Federal High Court delivered on January 22, 2024, which had nullified the state's 2024 budget. The nullification was based on the grounds that the budget was presented to only four out of the 31 Assembly members, a move deemed unconstitutional and a violation of Section 91 of the 1999 Constitution. 

The court criticized Governor Fubara's actions, highlighting that he undermined his own position by withdrawing a counter-affidavit intended to contest the legal action brought by the Amaewhule-led lawmakers. This withdrawal effectively weakened his stance, leading to the dismissal of his appeal. 

The judgment also addressed the internal conflict within the Rivers State Assembly, which had been divided due to tensions between Governor Fubara and his predecessor, now Federal Capital Territory Minister, Nyesom Wike. Governor Fubara had sidelined the Amaewhule-led faction, consisting of 26 pro-Wike lawmakers, and presented the state's ₦800 billion 2024 budget to a group of only four legislators led by Hon. Edison Ehie, who had declared himself as the factional Speaker. This action was deemed a gross violation of constitutional provisions. 

Following a peace agreement brokered by President Bola Tinubu, both Governor Fubara and Wike agreed to terms that would reinstate Amaewhule as the Speaker. Hon. Edison Ehie subsequently withdrew all his court filings, abandoned his claims to the Assembly's leadership, and vacated his seat. Despite these developments, the Amaewhule-led faction maintained their legal challenge, leading to the appellate court's ruling. 

In its decision, the Court of Appeal ordered Governor Fubara to re-present the 2024 budget to the Assembly under Speaker Amaewhule's leadership. The court also restrained the governor from interfering with the Assembly's operations, withholding funds, or removing or redeploying the Clerk and Deputy Clerk of the House. Additionally, the court imposed a cost of ₦500,000 on Governor Fubara, payable to each respondent in the case. 

This ruling underscores the judiciary's role in upholding constitutional provisions and the principle of separation of powers within the state's governance structure.


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