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Court Rules Fubara Can Conduct Official Business With Three Rivers Lawmakers - Politics - Nairaland 6q593q

Court Rules Fubara Can Conduct Official Business With Three Rivers Lawmakers (20054 Views)

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Morbeta11(m): 10:19pm On Jan 07
A high court in Port Harcourt has ruled that Siminalayi Fubara, Rivers state governor, can conduct official business with three lawmakers at the state house of assembly who have not vacated their seats.

In a judgement delivered on December 20, 2024, Sika Aprioku, the presiding judge, dismissed a lawsuit brought by the ed Trustees of the Association of Legislative Drafting and Advocacy Practitioners.

The suit sought to compel Governor Fubara to re-submit the 2024 budget to the faction of the state assembly led by Martins Amaewhule.

The claimants had questioned the failure of the defendants to re-present the 2024 budget to the state house of assembly, arguing that it was necessary for the proper functioning of the state government.

During the hearing of the matter on November 12, 2024, counsel to the defendants, Lawrence Oko-Jaja, tendered documents to the court citing a precedent where the Rivers state house of assembly, with only six , transacted business with Nyesom Wike, former governor of the state, between December 2015 and February 2017.

Oko-Jaja told the court that between 2015 and 2017, the six of the Rivers state house of assembly confirmed appointments and also ed the 2017 appropriation bill into law on December 28, 2016, a number far less than the 24 that ought to form a quorum.

In his ruling, the judge agreed with the submissions of the defence counsel.


Therefore, the same way his excellency Ezenwo Nyesom Wike, presented Budgets and financial Bills with only six when the numbers were less than two third 2/3 of the 32 , so shall his excellency, Siminalayi Fubara, the governor of Rivers state be constitutionally guided to interface, and approach the properly constituted house of assembly led by Oko-Jumbo, to carry on the business of the state and until the 27 lawmakers who defected and lost their seats, approaches the court, for a redemption or INEC conducts another election to the seats vacated by the 27 lawmakers upon their defection,” the court held.

In sum, until the supreme court gives its verdict on the issue of jurisdiction which affects the status of the 27 lawmakers, it is only those who did not vacate their seats, the governor can constitutionally approach to the present budget, appoint chief judges and president, customary court; also screen commissioners, including the attorney general and make board appointments.

“That the claimant’s claim seeking declaratory and injunctive reliefs for the representation of the 2024 budget to the former 27 lawmakers, who defected and automatically vacated their seats, lacks merit and is accordingly dismissed.

“That this suit be and is hereby dismissed, with cost in the sum of N500,000.00, awarded in favour of the defendants and against the claimant.”

Meanwhile, Fubara signed the N1.18 trillion appropriation bill at the government house in Port Harcourt on Thursday.

In December 2023, Fubara presented the 2024 budget to five-member of the Edison Ehie-led Rivers house of assembly.

Since 2023, the Rivers assembly has been factionalised following the feud between Fubara and Wike, minister of the federal capital territory (FCT).

THE RIVERS BUDGET CRISIS

The pro-Wike lawmakers, who are the majority, are being led by Martin Amaewhule.

In October 2023, Ehie resigned as lawmaker to become chief of staff to the governor, as Oko-Jumbo took over as speaker to a four-member faction of the assembly.

In January, a federal high court in Abuja voided and set aside the presentation and age of the state’s 2024 budget.

James Omotoso, the presiding judge, ordered Fubara to re-present the budget to the “legally” constituted house of assembly led by Amaewhule.

The Rivers governor refused to re-present the 2024 budget.

In another suit, the Amaewhule faction of the assembly sought an order of interlocutory injunction restraining the Central Bank of Nigeria (CBN), the commercial banks, and the attorney-general of federation (AGF) from honouring any financial instruction from Fubara.

In October, a federal high court in Abuja restrained the CBN from further disbursing financial allocations to the Rivers state government.

Joyce Abdulmalik, the presiding judge, had held that monies from the federation should not be released to the state pending the age of a lawful appropriation act by a “validly constituted” house of assembly.

The judge ruled that Fubara was wrong to have presented the state’s 2024 appropriation bill to a five-member assembly “that was not properly constituted”.

In December 2024, the court of appeal in Abuja set aside the judgment restraining the CBN from disbursing financial allocations to the Rivers state government.

https://www.thecable.ng/court-rules-fubara-can-transact-business-with-three-rivers-lawmakers/

25 Likes 5 Shares

yarimo(m): 10:36pm On Jan 07
Under FUBARA istration Nobody takes rivers state high court serious na, state high court that can give FUBARA the power to suspend house of assembly member or the governor can spend without appropriation.

128 Likes 7 Shares

Ebubu6: 11:22pm On Jan 07
Wahala for Wike

36 Likes 2 Shares

Throwback: 11:38pm On Jan 07
Why are you afraid to indicate that it is a state high court in Rivers State?

I sincerely hope that a future state police will not be as useless as the state judiciary we have in this country.

112 Likes 2 Shares

Mahenson: 7:52am On Jan 08
yarimo:
Nobody takes rivers state high court serious na, state high court that can give FUBARA the power to suspend house of assembly member or the governor can spend without appropriation.

Your tears are so sweet. Did anybody force the 27 legislooters to defect few months after winning election on a platform?

Those idiots just committed political sucide because of one man. They wont even see money to contest for next election and Fubara will fund his men to contest.

124 Likes 11 Shares

Mahenson: 7:53am On Jan 08
yarimo:
Nobody takes rivers state high court serious na, state high court that can give FUBARA the power to suspend house of assembly member or the governor can spend without appropriation.

Your tears are so sweet. Did anybody force the 27 legislooters to defect few months after winning election on a platform?

Those i.diots just committed political sucide because of one man. They wont even see money to contest for next election and Fubara will fund his men to contest.

29 Likes 1 Share

LEGALSER: 8:08am On Jan 08
yarimo:
Nobody takes rivers state high court serious na, state high court that can give FUBARA the power to suspend house of assembly member or the governor can spend without appropriation.

This one dey nairaland.unblockandhide.com dey claim champion but still no dey understand anything and still never know or learn anything. U say u be law maker for Rivers State under one political party and the next thing you carry another party flag Upandan with sufficient evidence say u don decamp with una Speaker yet still dey claim seat for the other party una decamp from. Very funny people, una eyes go soon clear grin I am happy that the state is making progress even if na 1 law maker remain, Victor Oko-Jaja and Gov. Sim go still bills grin cheesy grin cheesy grin cheesy grin

58 Likes

gare(f): 8:25am On Jan 08
yarimo:
Nobody takes rivers state high court serious na, state high court that can give FUBARA the power to suspend house of assembly member or the governor can spend without appropriation.

It seems like you're expressing frustration with the legal system, particularly the jurisdiction of courts and perceived corruption or bias in the handling of cases.

The appeal court has consistently emphasized that many cases brought before the Federal High Court fall exclusively under the jurisdiction of the State High Courts. This recurring clarification highlights the importance of properly directing cases to the appropriate legal forum to ensure justice is served within the bounds of the law.

It is disheartening, however, to witness a growing perception that some judgments from certain courts, particularly in Abuja, may not always be grounded in merit or law but influenced by extraneous factors. This “cash and carry” reputation undermines the judiciary's integrity and erodes public trust in the system. It is no surprise, then, that such judgments are frequently overturned upon reaching the appellate courts, where impartiality and adherence to legal principles are more rigorously upheld.

16 Likes

Savedday2: 8:34am On Jan 08
If strong thing no happen for this country, our eyes no go open.

6 Likes 1 Share

temitope27(m): 11:17am On Jan 08
Which court grin
Ringstonermasks: 11:18am On Jan 08
They presented evidence that wike did thesame thing around 2017... Smart Move

40 Likes 3 Shares

princeade86(m): 11:18am On Jan 08
Ok.
Bobloco: 11:19am On Jan 08
shocked
princeade86(m): 11:20am On Jan 08
yarimo:
Nobody takes rivers state high court serious na, state high court that can give FUBARA the power to suspend house of assembly member or the governor can spend without appropriation.
so is wrong for inec to do rerun for vacant seats abi.

3 Likes 1 Share

AntiChristian: 11:20am On Jan 08
grin

Bobloco over to you?
Wealthoptulent(m): 11:20am On Jan 08
Morbeta11:


https://www.thecable.ng/court-rules-fubara-can-transact-business-with-three-rivers-lawmakers/
Guy man just resign, na WAR u come rum first TENURE, e better say na IDF or Gaza or UKRAINE u dey past 3 years e for get VALUE

1 Like

Ngwamankilyou2(m): 11:20am On Jan 08
Good One..carry go Mr Governor.


God bless south East and south South.

1 Like 1 Share

saddler: 11:21am On Jan 08
Fabura vs Wike 11-0

11 Likes 1 Share

SmartPolician: 11:21am On Jan 08
Wike think say na only him get long legs for judiciary grin

6 Likes 2 Shares

Gboom: 11:21am On Jan 08
What kind of yeye judgement is this?
Is this kind of judgement good for democracy?

3 Likes 4 Shares

CommonSense1967: 11:22am On Jan 08
Kangaroo court.

6 Likes 1 Share

NaijaCrusader: 11:22am On Jan 08
Big blow for Wike!

5 Likes 1 Share

Confirmedzombie: 11:23am On Jan 08
I expect the NJC to fire the judge who gave this ruling.

As it stands only the supreme Court can rule on this.

Fubara digging his iwn grave.

The Rivers state High court should be shutdown.

This ridiculous, a mockery of our judiciary.

A shame

110 Likes 2 Shares

Olatundex22(m): 11:24am On Jan 08
😂 if you’re expecting something different then you know nothing about state high court. They always and will be always favorably to state government no matter how stupid the judgement may sound

4 Likes

Elusive001: 11:24am On Jan 08
gare:


It seems like you're expressing frustration with the legal system, particularly the jurisdiction of courts and perceived corruption or bias in the handling of cases.

The appeal court has consistently emphasized that many cases brought before the Federal High Court fall exclusively under the jurisdiction of the State High Courts. This recurring clarification highlights the importance of properly directing cases to the appropriate legal forum to ensure justice is served within the bounds of the law.

It is disheartening, however, to witness a growing perception that some judgments from certain courts, particularly in Abuja, may not always be grounded in merit or law but influenced by extraneous factors. This “cash and carry” reputation undermines the judiciary's integrity and erodes public trust in the system. It is no surprise, then, that such judgments are frequently overturned upon reaching the appellate courts, where impartiality and adherence to legal principles are more rigorously upheld.


He prefers federal courts where his principals will influence judgement like always.

2 Likes

puku902: 11:25am On Jan 08
Nigeria judiciary get as e be.
Also, those yeye non- honorable of Rivers state house of assembly needs to be gone.
That seat belongs to the party, you don’t switch sides and keep the seat.

3 Likes

SaturnNick(m): 11:25am On Jan 08
Na so
Hellisreal70: 11:26am On Jan 08
Fubara 50 wike 0

7 Likes

Padipadi: 11:27am On Jan 08
Make dem getat both wik and fuba
droefoundation: 11:27am On Jan 08
.....
qtx(m): 11:28am On Jan 08
yarimo:
Nobody takes rivers state high court serious na, state high court that can give FUBARA the power to suspend house of assembly member or the governor can spend without appropriation.
You spoke out of ignorance. Are you aware Fubara has been receiving allocations even after the Abuja high court's restriction of the CBN? The Supreme Court once ed judgment in a similar case, and Fubara knows that is what is giving him the balls. Wike is just a daft lawyer misleading those other lawmakers.

13 Likes

YeribanzaGoat(f): 11:28am On Jan 08
Gbegiri miscreants in the mud again cheesy

5 Likes

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