The Rivers State House of Assembly, led by Martin Amaewhule has welcomed the judgment from the Federal High Court, Abuja Division, limiting the state government’s access to the Consolidated Revenue Fund.
In the Judgment delivered by Justice J. O. Abdulmalik, the court requires the government to present the 2024 Appropriation Bill before the Assembly before making withdrawals.
In its 65th Legislative Sitting, lawmakers praised the ruling as a victory for constitutional democracy, ensuring transparency and accountability in governance.
The commendation came while Members were commenting on the judgement which was presented by the Leader of the House, Hon. Major Jack, under Statement by the Leader.
The document which was received and adopted as a working document of the House elicited propitious comments from Members who described the judgement as the face of constitutional democracy.
Recall that the Rivers State House of Assembly had on 15th July, 2024 deliberated and resolved on the continuous refusal of Governor Fubara to present the 2024 Rivers State Appropriation Bill to the House, leading to the decision of the House to write to the Governor to shutdown on expenditure pursuant to Section 122 of the 1999 Constitution.
Enabled by its resolution, the House and its Speaker, Rt. Hon. Martin Chike Amaewhule filed an action before the Federal High Court to determine the question: whether Governor Siminialayi Fubara can expend or continue to expend from the Consolidated Revenue Fund of the State without a valid 2024 Appropriation Law by the State House of Assembly; praying the court to invoke the consequences of such constitutional breach by ordering the Central Bank of Nigeria, the Accountant- General of the Federation, some Money Deposit Banks among other Defendants to stop the release of moneys or permit the withdrawal of Rivers State funds until Governor Fubara complies with the Constitution which he swore to uphold; and the court decided in favour of the House and the Speaker.
Commenting on the judgement, the Speaker, Rt. Hon. Martin Amaewhule said “since 1st of July, 2024, Governor Fubara has been spending moneys of the State without approval hence the declaration of the shutdown of expenditure. Yet, the Governor in his characteristic manner of disobeying judgements of Courts, the Constitution of the Federal Republic of Nigeria and extant laws has continued to circumvent the Law with the aid of Permanent Secretaries, and some individuals who parade themselves as Commissioners. They will certainly have a date with the Law”.
Speaking further, the Speaker, thanked Members for their steadfastness and urged them to continue in their defence of democracy; adding that those who trample on the Country’s gundnorm would be made to account for their malfeasance.
Amaewhule described the decision of the Federal High Court as a landmark judgement, stressing that it is illegal, unlawful and a subversion of the Constitution of the Federal Republic of Nigeria, for Governor Fubara and his appointees to continue to spend from the Consolidated Revenue Fund of the State without a valid 2024 Appropriation Law.