Rivers Assembly: Abuja Court Restrains Fubara As War With Wike Simmers

The Federal High Court in Abuja has issued a restraining order against Governor Siminalayi Fubara of Rivers State and others, preventing them from impeding the State House of Assembly’s statutory functions.

The court, emphasizing the constitutional importance of the State House of Assembly, stated it must be preserved and allowed to continue its operations.

Governor Fubara is specifically restrained from removing or transferring the Clerk and Deputy Clerk of the House, and the State Government is barred from withholding any funds due to the State House of Assembly, including salaries and emoluments.

The ruling by Justice J.K Omotosho in suit number FHC/ABJ/CS/1613/2023, recognized that 25 out of 31 members of the State House of Assembly were actively conducting its business, as evidenced by the affidavit in support of the motion ex parte.

The lawsuit, filed by Chief Ferdinand Orbih (SAN) and M.A. Ebute (SAN) on behalf of the Rivers State House of Assembly and its factional Speaker, Rt. Hon. Martine Chike Amaewhule, targeted Governor Fubara, the Attorney General, Commissioner of Finance, Accountant General, and the Rivers State Civil Service Commission, among others.

The court granted an order of interim injunction, restraining the defendants from assuming the functions of the Rivers State House of Assembly or interfering with its role. Additionally, the court prohibited them from withholding funds intended for the State House of Assembly. The order extends to restraining the defendants from taking control of appointments, removals, or transfers of personnel within the State House of Assembly.

The court’s decision underscored the constitutional significance of the Rivers State House of Assembly, and the interim injunctions are in effect pending the determination of the motion on notice for interlocutory injunction filed on November 29, 2023.

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