Nigeria’s state governor, Fubara, is in the middle of a major legal battle. The Court of Appeal recently delivered a judgment that upheld the Federal High Court’s decision to annul the N800 billion budget passed by five members of the assembly led by Edison Ehie.
In its verdict, the Court of Appeal dismissed Fubara’s appeal, saying it lacked merit due to the withdrawal of his counter-memorial in the lower court. Consequently, the court ruled that he could not appeal in a matter he did not contest during the trial.
The judges noted that Fubara is bound by the Constitution to apply the rule of law and not force. They described the situation in the Rivers State House of Assembly as executive dictatorship by the governor, saying it was a joke gone too far.
The judgment revealed by Fatshimetrie also recalled the decision of the Federal High Court to nullify the 2024 budget passed by pro-Fubara MPs, and nullify the presentation and voting of the same budget. The governor was thus ordered to present the budget before the legally constituted Assembly under the leadership of Martin Amaewhule.
Furthermore, the court asked Fubara to release all funds accruing to the Rivers State House of Assembly and restrained the governor from interfering in the activities of the assembly. The reassignment of the Clerk and Deputy Clerk of the Assembly by the Head of the State Civil Service was also quashed by the court.
Finally, while ordering the Nigeria Police to continue to provide security to all citizens of the oil-rich state, including members of the assembly, the court put an embargo on the planned demolition and reconstruction of the Rivers State House of Assembly complex.
This legal battle between Governor Fubara and the Nigerian judiciary illustrates once again the paramount importance of the separation of powers and the strict application of the rule of law in ensuring a democratic and transparent system. The decision of the Court of Appeal marks a significant turning point in the political history of Rivers State and sends a clear message on the importance of respecting due process and democratic institutions.