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Pro-Wike Assembly Accuses Governor Fubara Of Constitutional Breaches

Simi Fubara 1

The Martin Amaewhule-led Rivers State House of Assembly has accused Governor Sim Fubara of Constitutional breaches and contempt of court.

Speaker Amaewhule, in a letter dated July 8, 2024, listed the resolutions reached by the Assembly, accusing the Governor of failing to present the 2024 Appropriation Bill and swearing in commissioners and local government council members in breach of the Constitution and a court judgement.

The resolution further accused the Rivers State governor of continuing to transact with suspended Assembly members, despite a Court of Appeal judgement declaring their actions null and void.

The resolutions read in part:

“That your attention should once again be drawn to the fact that you are yet to present the Rivers State Appropriation Bill, 2024 in line with Section 121 (1) of the 1999 Constitution as altered and in compliance with the judgement delivered on the 22nd day of January 2024 by Honourable Justice J.K. Omotosho of the Federal High Court of Nigeria in suit no: FHC/ABJ/CS/1613/2023 which confirmed to you that you are yet to present same to a duly constituted Rivers State House of Assembly under the Speakership of Rt. Hon. Martin Chike Amaewhule. Pursuant to Section 122 of the Constitution, the Rivers State Government under your watch is now barred from spending funds from the Consolidated Revenue Fund of the State so, the House hereby gives you the opportunity to present same within seven (7) days from the date of this resolution.

“That your attention should also be drawn to a breach of Section 192(2) of the Constitution wherein you swore-in purported members of the Rivers State Executive Council as commissioners as well as a breach of Section 7(1) of the Constitution and the Rivers State Local Government (Amendment) Law of 2023 wherein you also swore-in certain unelected individuals to manage the affairs of the 23 Local Government Councils in the State in flagrant disobedience to the judgement delivered by Justice J.K. Omotosho. The learned Judge restrained you from dealing with the three (3) suspended members who with your connivance are parading themselves as the Rivers House of Assembly in total disobedience to the order of the learned Judge wherein he stated inter alia that “… an order is hereby made restraining the 11th defendant (Governor) from howsoever or in whatsoever manner making any request, presentation or nomination to the Rivers State House of Assembly except to the Rivers State House of Assembly under the leadership of the 2nd plaintiff (Rt. Hon. Martin Chike Amaewhule) as Speaker”.

“That in total disregard to provisions of the 1999 Constitution as altered and the Judgement delivered on the 4th day of July 2024 by the Court of Appeal in Appeal No. CA/PH/198/2024 in which all actions taken by the three (3) suspended members including purported screening and confirmation of commissioner-nominees for appointment, Caretaker Committees and other approvals has been declared null and void and thereby vacated, you have in contempt of Orders of this Court continued to transact with them and refused to direct all impostors in your government to stop parading themselves in their purported positions.

“These infractions by you on the Constitution of the Federal Republic of Nigeria 1999 as altered, other extant laws and judicial pronouncements constitute gross misconduct and abuse of office on your part. We call on you to do the needful and act lawfully without further delay and please accept the assurances of our high regards.”

THE WHISTLER had reported that the Assembly gave the Governor 7 days to present the Appropriation Bill.

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