Court declines to bar Fubara from spending Rivers funds

By Vivian Michael A Federal High Court (FHC), Abuja has refused to shut down all expenditures of Gov. Siminalay Fubara of Rivers pending the hearing and determination of the substantive suit field by the Martin Amaewhule-led Rivers Assembly. Justice Emeka Nwite, in a ruling on the motion ex-parte marked: FHC/ABJ/CS/984/24 and moved by Sebastien Hon, SAN, rather ordered the plaintiffs to put all the defendants in the suit on notice. Justice Nwite, however, granted another motion ex-parte by the plaintiffs to serve the 5th to 10th defendants with the originating process and other applications in the matter by substituted means. The judge said: “the leave is hereby granted to the plaintiffs/applicants to serve the 5th to 10th defendants/respondents with tne plaintiffs/applicants’ originating and any other process(es) filed or issued in this suit by substituted means to wit:“By publishing same in the Nation Newspapers.” Justice Nwite adjourned the matter until Aug. 7 for hearing of the motion on notice. The News Agency of Nigeria (NAN) reports that the 5th to 10th defendants are Fubara; Accountant-General (A-G) of Rivers; Rivers Independent Electoral Commission (RSIEC); Chief Judge (CJ) of Rivers, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.) and Government of Rivers State respectively. The Rivers State House of Assembly and Right Honourable Martin Amaewhule (1st and 2nd plaintiffs) had, through their lead counsel, Joseph Daudu, SAN, filed the suit dated July 14 but filed July 15. They had sued the Central Bank of Nigeria (CBN), Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF) as 1st to 4th defendants respectively. Also joined in the suit are Fubara, Rivers A-G, RSIEC, Rivers CJ, Chairman of RSIEC and Rivers government as 5th to 10 defendants. In the motion on notice brought pursuant to Order 28 Rules 1 and 2; Order 27 Rules 5; Order 28 Rule 1(2) of FHC Civil Procedure Rules 2009 and under the inherent jurisdiction of the court, the plaintiffs sought two orders. They sought an order of Interlocutory Injunction restraining the 1st, 2nd, 3rd and 4th defendants from honouring any request, command, order or mandate or any banking or other instrument, financial instruction or other instructions issued by the 5th defendant on his instruction or at his instance or deriving from the 5th defendant’s authority or in any manner, fund or revenue of Rivers State or Rivers State Government in the custody of the said the defendants, or held by the said defendants for the benefit of Rivers State or Rivers State Government or in any NAN reports that the two rulings, which were delivered on July 17 in the judge’s chamber, were obtained on Sunday in Abuja by NAN. The Martin Amaewhule-led Rivers Assembly had, on July 15, suspended all expenditures of Rivers Governor Siminalayi Fubara until he re-presents his budget before the house. The lawmakers gave the governor a seven-day ultimatum to re-present his budget, which they said had expired. Rivers House Leader, Major Jack, moved the motion to bring up a resolution alerting the house of the governor’s seven-day deadline for presenting the 2024 budget to the house. Following consideration, the assembly decided to shut down the Rivers State Consolidated Revenue Account, prohibiting any expenditure by Gov. Fubara’s administration.
Tension In Rivers As Seven-Day Budget Ultimatum Reaches Deadline

Political uncertainty has returned to Rivers State as the deadline approaches for Governor Siminalayi Fubara to resubmit the 2024 budget, following a seven-day ultimatum issued by the Martin Amaewhule-led House of Assembly. This ultimatum, set to expire this week, stems from a motion by Dumle Maol, Deputy Speaker of the Pro-Nyesom Wike Assembly, calling for compliance with a court ruling that affirmed the assembly’s current membership and leadership. The demand for budget resubmission aligns with a presidential peace pact from December aimed at quelling the state’s ongoing political crisis. Despite this, Governor Fubara, who had previously submitted the ₦800 billion budget to an Edison Ehie-led Assembly, announced plans for the 2025 budget, signalling a potential dismissal of the assembly’s demands. The ongoing crisis in Rivers began with a series of dramatic events, including a fire at the State House of Assembly and an attempted impeachment of Governor Fubara. The faction of the Assembly is now led by Victor Oko-Jumbo. The budget, which was passed and signed into law, is still being implemented, suggesting that the peace agreement has faltered. Meanwhile, a pro-Fubara politician from the same community as Amaewhule, Chijioke Ihunwo, has dismissed the 7-day ultimatum on the governor as laughable. Ihunwo, who was appointed by the governor as the Caretaker Committee Chairman of Obio/Akpor Local Government Area, urged Amaewhule to accept his fate as a former assembly member, after defecting from the Peoples Democratic Party to the All Progressives Congress. He encouraged the people of Ikwerre Ethnic Nationality, comprising Port Harcourt, Obio/Akpor, Ikwerre, and Emohua Local Government Areas, to continue supporting the Governor under the leadership of former Senator John Azuta-Mbata. The politician, who was criticised for appointing 100 aides last week, said the decision, which other CTC Chairmen are also implementing, is aimed at bringing local government administration closer to the grassroots. He announced that more appointments would be made in the coming days, to demonstrate that the Fubara-led government is inclusive.
What I told Tinubu about Wike, Fubara fight – Edwin Clark

Elder statesman Edwin Clark said he has advised President Bola Tinubu to give Governor Siminalayi Fubara of Rivers State a free hand to run his state’s affairs. The Ijaw national leader said this while weighing in on the crisis between Fubara and Tinubu’s appointee, Nyesom Wike, which has engulfed the oil-rich state in the past few months. The crisis has polarised the Rivers State House of Assembly, while many members of Wike’s camp previously appointed by Fubara have quit. “I have advised Mr President (Tinubu) again that he should leave Fubara alone to run his government, Wike should concentrate on his job in Abuja. “Once that is done, there will be peace and stability in the state. But if they do anything contrary and there is no peace, it will affect the economy of the country,” Clark told The Punch. The 97-year-old said elder statesmen like himself have been unable to mediate between Wike and Fubara because of the former’s insistence on controlling the political structure of the state. “How do you bring them together? One man says I have divorced. But you are my house help. There is no way. You are my son. There is no way any outsider can accept him. “This is because Wike does not see anything wrong with him. He believes that he is still controlling the structures in Rivers State whereas those structures have been there from governor to governor. “They don’t belong to one person. Wike was not yet born when Rivers was created,” he said. Clark castigated the Caretaker Chairman of the All Progressives Congress (APC) in Rivers State, Tony Okocha for calling on the president to declare a state of emergency in the state over the crisis. “Concerning the call for a declaration of a state emergency, I can tell you that (Tony)nOkocha doesn’t know what he is doing. Who is he to call for that? He was only fortunate to be put there because the existing Rivers APC executives were dissolved in the first place. He knows me very well. “Was he not the chief of staff to (Rotimi) Amaechi when he was governor? They were in the APC together. Wike later took seven of them to see (Dr Abdullahi) Ganduje in Abuja. They formed a (caretaker) committee, and today, he is the chairman of Rivers State APC. So, it was obvious from the start that Okocha didn’t want to be with Amaechi again. “These are the people scattering Rivers State,” he said.
Governor Fubara Orders Audit Of Local Government Accounts

As the political crisis in Rivers State is yet to resolve, the Rivers State governor, Siminalayi Fubara, has called for the audit of local government accounts in the state. He gave the order after he swore in new caretaker chairmen for the 23 local government areas of the state. The swearing-in ceremony was currently ongoing at the Government House in Port Harcourt, amid tight security. The swearing comes a day after the governor forwarded the list to the state House of Assembly led by the Speaker, Victor Jumbo. Earlier, the Rivers Assembly passed the Local Government Amendment bill into law but Fubara failed to assent to the bill. While the governor did not sign the bill, the lawmakers led by Martin Amaewhule vetoed him. The amended bill which the governor failed to assent, empowered the Rivers State Assembly to extend the tenure of council chairpersons, their vice, and councillors where it is deemed impossible to hold elections before the end of their three-year tenure. However, the court nullified the amended law, prompting an appeal. The appeal court is set to deliver a ruling on the matter on June 20, 2024.
Wike loyalists storm council secretariat, vow to resist Fubara’s caretaker team

There is ongoing tension in Port Harcourt City Local Government Council (PHALGA) in Rivers State as youths, loyal to Minister of the Federal Capital Territory (FCT) Nyesom Wike, gathered around the council premises amidst a crisis over local government administration. Police presence was heightened around PHALGA and other local council areas across the state to maintain order following reports of unrest. Speaking to Channels Television, Maxwell Enwukwe, a former Council Executive and current coordinator of grassroots development initiatives in PHALGA, emphasized their commitment to ensuring peace and order. “These are youths from Port Harcourt Local Government Council. We have come to ensure peace and order in our local government council because yesterday, we received information that some individuals gathered hoodlums to besiege the council even during a public holiday,” Enwukwe stated. He further explained, “Today, we have come to see why that happened, but fortunately, the police have taken over the local government council premises, and everyone is here peacefully. These are supporters of grassroots development initiatives loyal to the Minister of FCT.” Despite the police presence, the crowd remained stationed at the PHALGA environment, which is near the Rivers State Government House, indicating heightened tensions over the leadership dispute. The crisis was triggered by the expiration of the tenure of local government chairmen in Rivers State on Tuesday, with conflicting claims over tenure extension by the State House of Assembly. Governor Siminalayi Fubara has, however, maintained that there was no official extension of tenure and has proceeded to nominate caretaker committees for the 23 local government councils in the state.
Ex President Jonathan Sends Warning To Wike, Fubara As Rivers Crisis Thickens

Former President Goodluck Jonathan has intervened in the escalating political tensions in Rivers State, urging Governor Siminalayi Fubara and his predecessor, now Minister of the Federal Capital Territory (FCT), Abuja, Nyesom Wike to prioritize collaboration for the state’s progress. Jonathan made the plea during the commencement of the N222.1 billion Trans-Kalabari Road construction, stressing the need for unity and cooperation among state leaders. Speaking at the project inauguration, Jonathan expressed concern over the heightened political tensions in Rivers State, noting that such discord hinders the state’s growth and development. He urged Governor Fubara and Minister Wike to work together to alleviate the political climate and focus on advancing the welfare of Rivers’ residents. “The political tension in Rivers State is becoming too much. If Rivers state is destabilized, the whole Niger Delta and by extension the country will be destabilized,” Jonathan declared. The former president, however, reaffirmed his commitment to supporting development projects in Rivers State. He said the commencement of the Trans-Kalabari Road construction signifies a tangible step towards enhancing infrastructure and connectivity within the state.
PDP Reacts As Rivers Assembly Threaten To Impeach Fubara

The Rivers State chapter of the Peoples Democratic Party (PDP) has strongly criticized the Martin Amaewhule-led House of Assembly for its recent threats to impeach Governor Siminalayi Fubara. The assembly, perceived to be loyalists of the Minister of Federal Capital Territory (FCT), Nyesom Wike, had issued the impeachment threat against Fubara, citing his alleged refusal to implement an eight-point Peace Accord signed with Wike on the orders of President Bola Tinubu. Among the accusations leveled against Fubara is the alleged failure to provide funding for the Rivers Independent Electoral Commission to conduct elections for local government councils in the state. In response, the state Publicity Secretary of Rivers PDP, Sydney Tambari Gbara, condemned the assembly’s actions, urging them to desist from disturbing the peace of the state. Gbara also called on the assembly members to address their legitimacy concerns, particularly in light of their defection from the PDP to the All Progressives Congress (APC) and the ongoing legal challenges questioning their status. Gbara emphasized that the assembly’s decisions and laws hold no significance to the people of Rivers State, labeling them as an “illegal assembly” whose actions are inconsequential. Furthermore, Gbara dismissed claims that Governor Fubara had failed to implement the Peace Accord, stating that the governor had taken steps to promote peace in accordance with the law.
Court Orders Arrest of Fubara’s Chief of Staff, 5 others over alleged terrorism, killing of DPO

A Federal High Court Abuja, Wednesday, issued a warrant for the arrest of the Chief of Staff (CoS) to the Rivers State Governor, Hon Edison Ehie, over his alleged involvement in the burning of the State House of Assembly. Ehie who is the immediate past factional Speaker of Rivers State House of Assembly, was ordered to be arrested along with five other persons based in Port Harcourt for allegedly participating in some criminal activities. Those ordered to be arrested alongside the former factional Speaker are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri and Chibuike Peter also known as Rambo. Justice Emeka Nwite granted order on Wednesday for their arrest while delivering ruling in an ex-parte application brought before him by the Inspector General of Police IGP. The ex-parte application was predicated on sections 37, 113, 114, 84 and 184 of the Administration of Criminal Justice Act (ACJA) 2015 and section 35 of the 1999 Constitution as well as 32 of the Police Act 2020. In the ex-parte application argued by a Senior Advocate of Nigeria SAN and Deputy Commissioner of Police (DCP), Simon Lough, the six defendants were said to be at large. The senior lawyer submitted that the defendants are involved in conspiracy, arson, terrorism, attempted murder and murder of a Superintendent of Police SP Bako Agbashim and five other police informants. The five police informants they are alleged to have killed are Charles Osu, Ogbonna Eja, Idaowuka Felix, Paul Victor Chibuogu and Saturday Edi. Justice Nwite granted the request of the IGP to declare the defendants wanted and upon their arrest and investigation, bring them before the court for trial. The ex-parte application is marked FHC/ABJ/ CS/12/2024 It will be recalled that the IGP had two weeks ago put five Port Harcourt-based person’s on trial on terrorism charges and were remanded at Kuje Prison upon their arraignment. They were ordered to remain in prison custody till February 2 when their respective bail applications would be determined by the Judge. The five defendants are Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald and Ochueja Thankgod. In the 7-count charges, the defendants were accused of committing alleged terrorism offences by invading, vandalizing and burning down Rivers State House of Assembly during the wake of political crisis that rocked Port Harcourt in October last year. Justice Mobolaji Olajuwon ordered their remand at the Kuje Prison.
Fubara Appoints Ehie As Chief Of Staff, Names Special Advisers

Rivers State Governor, Siminalayi Fubara, has approved the appointments of a Chief of Staff and Special Advisers. Former factional Speaker of the State House of Assembly, Edison Ehie, has been appointed as Chief of Staff, Government House. During the political crisis in the state, Ehie resigned from his position as the member representing Ahoada East State Constituency 2 and as Speaker of a faction of the State House of Assembly. Meanwhile, the Special Advisers appointed include Solomon Abel Eke, Aminayanasam Fiberesima, Deeyah Bariene, Darlington Orji and Prince Obi Ohia. In a statement released on Monday and signed by the Secretary to the State Government, Tammy Danagogo, it was announced that: “The newly appointed Chief of Staff and Special Advisers, alongside one guest each, are expected to be seated at the Executive Council Chambers of the Government House, Monday, 29th January, 2024 at 10:30 am, for the swearing-in ceremony by His Excellency, the Governor of Rivers State at 11:00am.”
Impeachment Of Rivers’ Majority Leader, 4 Others Won’t Stand – Gov Fubara

Governor of Rivers State, Siminalayi Fubara has declared the removal of the majority leader of the State House of Assembly, Hon. Edison Ehie, and four other lawmakers as “null and void.” Earlier on Monday, the police fired tear gas to ward off protesters who were clamouring for the impeachment of the governor. The crisis in the state Assembly escalated after the House leader was ousted. A portion of the Assembly Complex was also gutted by fire. Reacting to the development, Fubara said the removal of the five lawmakers would not be recognized. He further said that security operatives allowed arsonists to launch an attack on the assembly complex the previous night, resulting in extensive damage to the property.