An Abuja court has dismissed the suit seeking to stop Governor Siminalayi Fubara from re-presenting the N800 billion 2024 budget of Rivers State.
By Jeffrey Agbo
A Federal High Court in Abuja, on Tuesday, dismissed the suit seeking to stop Rivers State Governor Siminalayi Fubara from re-presenting the N800 billion 2024 budget.
Justice Joyce Abdulmalik, in a ruling, also set aside the earlier interim order made on January 22, directing parties in the suit to maintain a status quo pending the hearing and determination of the substantive suit.
Justice Abdulmalik held that a similar suit in the matter had already been decided by another court on the day the interim order was granted.
Besides, the judge held that the plaintiffs’ counsel, David Maduka, lost the opportunity that would have afforded him to be heard when he failed to address the court on the propriety of the instant suit in the face of the judgment already delivered in a similar case.
Five members of Rivers House of Assembly led by the then factional Speaker, Edison Ehie, had, on December 13, 2023, passed the Appropriation Bill sent to it by Fubara and the governor assented to the bill on December 14, 2023.
But Justice James Omotosho, in the judgement delivered on January 22, set aside the Rivers’ N800 billion 2024 budget.
Justice Omotosho also restrained Fubara from frustrating the assembly, under Martin Amaewhule-led leadership, from sitting or interfering in its constitutional and legislative functions.
The judge equally barred the National Assembly, the police and any member of the state executive arm from interfering in the assembly’s affairs.
But Justice Abdulmalik, on the same day, granted the ex-parte order filed by six elders of the state, who were plaintiffs in the suit.
They are Hon. Victor Okon Jumbo, a member of the Rivers assembly representing Bonny State Constituency; Sen. Bennett Birabi, Sen. Andrew Uchendu, Rear Admiral O.P. Fingesi, Ann Kio Briggs and Emmanuel Deinma.
The judge, in a ruling, directed the parties not to take further steps, pending the determination of the application seeking to stop Fubara from re-presenting the already passed 2024 budget before the legislative house.
READ ALSO:
Fubara’s faceoff with Rivers Assembly continues as lawmakers override gov’s assent to four bills
The plaintiffs equally, through their lawyer, Kayode Ajulo, sought an order declaring the seats of the 27 lawmakers who dumped Peoples Democratic Party (PDP) for All Progressives Congress (APC) vacant, among other reliefs.
They queried the constitutionality of a peace agreement they alleged that President Bola Tinubu made Fubara to enter into with the immediate-past governor of the state and current Minister of the Federal Capital Territory, Nyesom Wike.
They maintained that the said agreement that was signed on December 18, 2023, was not only illegal, but amounted to an usurpation, nullification and undermining of the extant/binding relevant provisions of the 1999 Constitution (as amended).
The plaintiffs, consequently, prayed the court to among other things, determine whether Tinubu, Fubara and the Rivers assembly had the rights and entitled to enter into any agreement that had the effect of nullifying or undermining the constitutional provisions of Section 109 (I) (g) and (2) of the 1999 Constitution.
Justice Abdulmalik, who fixed Feb. 28 to hear the application, directed that the defendants which include President Bola Tinubu, Attorney-General of the Federal, Fubara, Rivers assembly, assembly’s speaker and Independent National Electoral Commission, be put on notice in order to respond to allegations raised.
But the six plaintiffs filed another motion ex-parte marked: FHC/ABJ/CS/1718/2023.
In the motion dated Jan. 24 and filed Jan. 25, they sought an order granting accelerated hearing in the suit.
The also sought an order abridging the time within which the defendants could file all their processes, including the plaintiffs’ reply and the court fixed the hearing for on Tuesday.
When the matter was called, Maduka, who appeared for the six elders, told the court of their motion ex-parte.
The lawyer urged the court to grant their two prayers.
But Justice Abdulmalik called Maduka’s attention to January 22 judgment delivered by Justice Omotosho and dismissed the suit in its entirety.
