Nnamdi Chukwu
THE Rt. Hon. Martin Chike Amaewhule-led Rivers State House of Assembly has again overridden the assent of Governor Siminialayi Fubara on three Bills, which were earlier passed and transmitted to the governor for assent over a month ago.
The House took the decision to override the governor Thursday after he (the governor) withheld his assent to the Bills.
The House based its decision on Section 100(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and in furtherance of legislative positivism in the interest of the people.
Commenting on the three Bills – the Rivers State Education (Return of Schools) (Amendment) Bill, the Rivers Electricity Market Bill, and the Rivers State Commissions of Inquiry Bill, 2024 which were represented by the Majority Leader, Hon. Major Jack, and debated by members, the Speaker, Rt. Hon. Amaewhule cited Section 100(5) of the Constitution of the Federal Republic of Nigeria 1999 as the enabling provision which empowers the House to override the governor, where he withholds his assent; and when the Speaker put the question, members unanimously voted in the affirmative.
Speaking on the decision of the House, the Speaker, emphasized that Governor Fubara cannot hold back the state as a result of his indolence and ineptitude; stressing that the state must move forward.
Speaking further, Amaewhule described Governor Fubara as one who sees himself as above the Constitution of the Federal Republic of Nigeria, the Judiciary and other extant laws of the state. But maintained that the House would continue to hold on to the Constitution and democratic ethos; enthusing that by virtue of Section 100 (5) of the Constitution, these laws are now in force in Rivers State.
Eighteen-Eleven Media reports that the Rivers State House of Assembly has been balkanised into two factions with the other faction led by Rt Hon Victor Oko-Jumbo. It will be recalled that 27 of the members of the Assembly led by Amaewhule in December 2023 dumped their party, the People’s Democratic Party (PDP), the platform upon which they were elected for the rival All Progressives Congress (ACP). The lawmakers said to be loyal to the Federal Capital Territory (FCT) Minister, Nyesom Woke, later denied taking such a step
Meanwhile, a Rivers State High Court has ruled that Governor Fubara is legally empowered to transact business with the three lawmakers who have not vacated their seats in the state House of Assembly.
This was contained in a court decision delivered on the 20th of December 2024 during which presiding judge Sika Aprioku dismissed a suit seeking to compel the governor to represent the 2024 budget to the Martin Amaewhule-led Assembly.
The said suit marked PHC/3552/CS/2024 was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners and had the Government of Rivers State, the Governor of Rivers State, and the Attorney General of the state as defendants. It sought to compel the governor to represent the 2024 budget to the 27 lawmakers led by Amaewhule for passage into law.
After considering the arguments from the different counsel, Justice Aprioku ruled that Governor Fubara could transact business with the members who did not vacate their seats.
“Therefore, the same way His Excellency Ezenwo Nyesom Wike, presented Budgets and financial Bills with only six members when the numbers were less than two third 2/3 of the 32 Members, so shall His Excellency, Siminalayi Fubara, the Governor of Rivers State be constitutionally guided to interface, and approach the properly constituted House of Assembly led by Oko-Jumbo, to carry on the business of the state and until the 27 lawmakers who defected and lost their seats, approaches the court, for a redemption or INEC conducts another election to the seats vacated by the 27 lawmakers upon their defection,” the court said.
“In sum, until the Supreme Court gives its verdict on the issue of jurisdiction which affects the status of the 27 lawmakers, it is only those who did not vacate their seats, the Governor can constitutionally approach to the present budget, appoint chief judges and president, customary court; also screen commissioners, including the attorney general and make board appointments.
“That the claimant’s claim seeking declaratory and injunctive reliefs for the Representation of the 2024 Budget to the former 27 lawmakers, who defected and automatically vacated their seats, lacks merit and is accordingly dismissed.
“That this suit be and is hereby dismissed, with cost in the sum of N500,000.00, awarded in favour of the defendants and against the claimant.”
Eighteen-Eleven Media