In a compelling legal move, prominent Senior Advocate of Nigeria (SAN), Dr. Kayode Ajulo, has taken action to halt Governor Similalaye Fubara of Rivers from re-presenting the 2024 budget to the state House of Assembly. The SAN has filed a lawsuit, seeking to prevent such a move until the hearing and determination of a suit filed before the Federal High Court in Abuja.
Dr. Ajulo’s suit, with the number FHC/ABJ/CS/1718/2023, also urges the court to restrain the state House Assembly and the House Speaker from screening and confirming the commissioners appointed by Governor Fubara.
Specifically, the lawyer urges the court to take note of the attached motion on notice and halt the 27 members of the State House of Assembly from holding plenary sessions, out of the 32 members, due to their defection from the ruling PDP to the APC without sufficient justification or lawful excuse.
The legal battle continues as Dr. Ajulo argues that the 27 lawmakers’ decision to defect from the PDP to the APC renders their seats vacant, as declared by the remaining five lawmakers who chose not to join the defection. As a result, the 27 lawmakers have been asserted to have no right to return to the house pending the hearing and determination of the pending motion on notice.
In a bid to ensure fairness, the SAN urges all parties, including loyalists or their representatives, to maintain the status quo ante until the hearing and determination of the motion on notice.
The Rivers State House of Assembly, under the leadership of Rt Hon. Martin Amaewhule, re-invited on January 15 to screen nine commissioners who resigned their positions in 2023. However, the commissioners were reconfirmed on Wednesday by the Rivers State House of Assembly.
These legal proceedings have been prompted by a call from the Convener of the Pan-Niger Delta Forum, PANDEF, led by Edwin Clark, for the declaration of the seats of the 27 lawmakers as vacant. The group has emphasized that the 27 lawmakers, who defected to the APC without any known crisis in the PDP, have no right to retain membership in the state house of assembly.
The outcome of this legal battle is eagerly anticipated and could have significant implications for governance in Rivers State.
NAN
