The Rivers State House of Assembly, led by Martin Amaewhule, has given Governor Siminalayi Fubara a 7-day deadline to resubmit the 2024 budget for consideration.
This directive comes after the pro-Wike faction of the House resumed sitting on Monday, following a period of inactivity. Meanwhile, a rival faction led by Victor Oko-Jumbo is conducting a parallel session.
Previously, Fubara presented the budget to the House faction loyal to him, with his current Chief of Staff, Edison Ehie, presiding as Speaker. Ehie and the other pro-Fubara lawmakers approved the budget estimates, which the governor subsequently signed into law.
He explained that the budget aims to promote economic development, foster inclusive growth, and address socio-economic inequalities in the state.
The latest development suggests that the crisis in the Rivers State House of Assembly is far from over.
Today's sitting, led by Amaewhule's faction after a long hiatus, appears to be a consequence of last week's Court of Appeal ruling, which overturned the Rivers State High Court's decision to expel Amaewhule and 24 other lawmakers from the Assembly.
In May, Justice Charles Wali granted an ex parte order, following a motion filed by Victor Oko-Jumbo, barring Amaewhule and 24 other lawmakers from claiming to be members of the state House of Assembly. However, a three-member appellate court panel ruled last Monday that the lower court lacked the jurisdiction to issue such an order, effectively overturning the initial decision.
The court ruled that Section 272(3) of the Constitution grants the Federal High Court the sole authority to determine whether a House of Assembly member's seat has become vacant.
The court held that the Federal High Court has exclusive jurisdiction over such matters, and the explicit mention of the Federal High Court in Section 272(3) implicitly excludes state high courts from having jurisdiction. In essence, only the Federal High Court can decide on the vacancy of a state legislator's seat.
During Friday's plenary session, Victor Oko-Jumbo, the speaker of the group, stated in his opening remarks that he and his members believed the Appeal Court made an error in its decision.
“We strongly believe that the Court of Appeal was in error when it held that the Rivers State High Court lacked the jurisdiction to hear and determine SUIT NO. PHC/1512/CS/2024,” he said.
“Accordingly, we have instructed our lawyers, and they have filed an appeal to the Supreme Court of Nigeria challenging the judgment of the Court of Appeal delivered on the 4th day of July 2024.”