The Rivers State Assembly Has Made an Accusation Against Fubara and His Deputy.

The Rivers State House of Assembly has initiated proceedings to impeach Governor Sim Fubara and his deputy. This action follows a letter detailing allegations of gross misconduct against both officials, which was submitted to the Speaker of the House. The letter outlines several serious accusations that could lead to their impeachment:

Firstly, it states that His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State, failed to present the Rivers State Appropriation Bill for 2024 to the House, in violation of Section 121(1)(2) of the Constitution. Furthermore, it cites a ruling from the Federal High Court in Suit No. FHC/ABJ/CS/1613/2023, which declared that no Appropriation Bill for Rivers State has been presented or passed into law, rendering any purported actions regarding the Appropriation Bill 2024 void ab initio. The court ordered the Governor to submit the Appropriation Bill 2024 to the House. Secondly, the letter accuses His Excellency, Sir Siminalayi Fubara GSSRS, of authorizing or approving withdrawals from the Consolidated Revenue Fund of Rivers State for the 2024 financial year without a duly passed appropriation law, contrary to Section 120 of the Constitution. Lastly, it alleges that His Excellency, Sir Siminalayi Fubara GSSRS, violated Section 122 of the Constitution by permitting expenditures from the Consolidated Revenue Fund, despite a resolution passed by the Rivers State House of Assembly on July 15, 2024, which mandated a shutdown of government expenditures. This action disregarded the constitutional resolution established by the House. On Friday, February 28, 2025, the Supreme Court of Nigeria, presided over by Justices Uwani Musa Abba Aji, Ibrahim Mohanned Musa Saulawa, Emmanuel Akomaye Agim, Chioma Egondu Nwosu-Iheme, and Jamilu Yammama Tukur, in Suit No. SC/CV/1174/2024, reinstated the judgment of the Federal High Court in Suit No. FHC/ABJ/CS/984/2024. This judgment affirmed that Sir Siminalayi Fubara GSSRS, the Governor of Rivers State, failed to present an Appropriation Bill for 2024 and currently lacks an Appropriation Law for 2025. Consequently, the court ordered that the Central Bank of Nigeria and the Accountant General of the Federation must immediately cease the release and payment of any funds belonging to Rivers State to its government, agencies, departments, and officials until an Appropriation Law is enacted by the Rivers State House of Assembly, as mandated by the 1999 Constitution. This ruling emphasizes the importance of not hindering or obstructing the Rivers State House of Assembly, which is a constitutionally protected arm of the government under the Federal Republic of Nigeria, 1999 (as amended), in fulfilling its constitutional responsibilities. Furthermore, it was reported that His Excellency, Sir Siminalayi Fubara GSSRS, ordered and oversaw the demolition of the Hallowed Chamber and Auditorium of the Rivers State House of Assembly located at the Rivers State House of Assembly Complex on Moscow Road, Port Harcourt, on December 13, 2023. This action violated the ex parte order issued by the Federal High Court in Suit No. FHC/ABJ/CS/1613/2013 on November 30, 2023, which stated that the Rivers State House of Assembly is a constitutional institution that must be preserved until the resolution of the Motion on Notice filed on November 29, 2023. The judgment issued on January 22, 2024, in favor of the Rivers State House of Assembly, presided over by Justice J.K. Omotosho in Suit No.: FHC/ABJ/CS/1613/2013, is significant. The ruling condemned the act of demolition, with the judge remarking, “this Court finds it strange that the 11th defendant, as Chief Executive of the State, would resort to devious means, such as destroying the House of Assembly Complex, to prevent the legitimate House of Assembly from convening.” Furthermore, the Supreme Court, in Suit No.: SC/CV/1174/2024, delivered on February 28, 2025, acknowledged the unlawful demolition and criticized the actions of the Governor of Rivers State. The court noted that “surprisingly, on December 13, 2023, in blatant disregard of the existing Order of the trial Court, the appellant demolished the Rivers State House of Assembly complex located on Moscow Road and clandestinely convened a meeting with four members of the 15 Respondents, led by Rt. Hon. Ehie Ogerenye Edison, outside the premises of the House of Assembly, conducting a sham session of the 1st Respondent.” Additionally, the appointment of individuals to various positions within the Rivers State Government has occurred without adhering to the necessary screening and confirmation processes mandated by the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and other relevant laws. Instead, requests for screening have been directed to parties other than the legitimate Rivers State House of Assembly. Moreover, His Excellency, Sir Siminalayi Fubara GSSRS, the Governor of Rivers State, has made multiple appointments that contravene the Order of the Federal High Court, as established in the judgment of Suit No.: FHC/ABJ/CS/1613/2023, which explicitly prohibited him from engaging with any individuals or assemblies other than the Rivers State House of Assembly, led by Rt. Hon. Martin Chike Amaewhule as Speaker. This ruling, which was affirmed by both the Court of Appeal and the Supreme Court, included a directive stating, "AN ORDER is hereby made restraining the 11th Defendant from making any requests, presentations, or nominations to the Rivers State House of Assembly in any form, except to the Rivers State House of Assembly under the leadership of the 2nd Plaintiff as Speaker." Furthermore, it was noted that His Excellency, Sir Siminalayi Fubara GSSRS, the Governor of Rivers State, did not submit a nominee for the position of Attorney-General and Commissioner for Justice as required by Sections 192(2) & (6) and Section 195(1) of the amended 1999 Constitution. Instead, he announced Mr. Dagogo Iboroma for this role. Additionally, it was reported that His Excellency, Sir Siminalayi Fubara GSSRS, unlawfully administered the oath of office to several individuals who were allegedly confirmed by certain parties for appointments to the Rivers State Executive Council on Tuesday, May 21, 2024. These individuals include Prince Charles O. Beke, Collins Onunwo, Solomon Eke, Peter Medee, Elloka Tasie-Amadi, Basoene Joshua Benibo, Tambari Sydney Gbara, and Ovy Orluideye Chinendum Chukwuma, all of whom were not screened or confirmed by the Rivers State House of Assembly, contrary to the requirements of Sections 192(2) & (6) of the amended 1999 Constitution. Additional appointments were made on Tuesday, August 13, 2024, for Illamu Arugu, Rowland Obed Whyte, Samuel Anya, Samuel Eyiba, and Austin Emeka Nnadozie, while Israel Ngbuelu, Evans Bipi, Otamiri Ngubo, and Benibo Alabraba were sworn in on Monday, October 7, 2024. Emmanuel Frank-Fubara was sworn in on July 8, 2024, resulting in a total of 19 individuals misrepresenting themselves as Commissioners with your implicit consent. His Excellency, Sir Siminalayi Fubara GSSRS, the Governor of Rivers State, unlawfully appointed Mr. Lawrence Oko-Jaja as Chairman, along with Earnest Ibekwe Ekwe, Mina Ogbanga, Iseleye Amachree, and Adokiye Oyagiri as members of the Rivers State Bureau on Public Procurement on Friday, August 30, 2024. This action was taken without the necessary screening and confirmation by the legitimate Rivers State House of Assembly, as required by Section 4(a) of the Rivers State Public Procurement Law No. 4 of 2008. Additionally, Gift Alex-Hart, Grace Osaronu, and Selinah Amonieah were also appointed as members. Furthermore, His Excellency, Sir Siminalayi Fubara GSSRS, appointed Mr. Goodlife Ben as Chairman and engaged Emmanuel Jaja, Betty Warmate, Jerome Chimenem, Prince Ohochukwu, Philip Okparaji, and Christian Amadi as members of the Rivers State Local Government Service Commission without the requisite screening and confirmation by the legitimate Rivers State House of Assembly, in violation of Section 44(3) of the Rivers State Local Government Law No. 5 of 2018. Despite numerous letters urging him to reconsider his decisions, which were also disseminated through electronic and print media following the resolutions of the House, His Excellency, Sir Siminalayi Fubara GSSRS, has not rescinded these illegal appointments. Additionally, His Excellency, Sir Siminalayi Fubara GSSRS, has withheld the salaries of certain members of the Rivers State House of Assembly, which were previously disbursed monthly by the Ministry of Finance of Rivers State. The last instance of salary payment occurred in April 2024 for Rt. Hon. Martin Chike Amaewhule, Rt. Hon. Dumle Maol, Hon. Major Jack, Hon. Franklin Uchenna Nwabochi, Hon. Christopher Ofiks Kagbang, Hon. Azeru Opara, and Hon. Enemi Alabo George. Others affected by this action include Hon. Granville Tekenari Wellington, Hon. Solomon Wami, Hon. Bernard Mgbar, Hon. John Dominic Iderima, Hon. Queen Uwuma Tony Williams, and Hon. Lolo Isaiah Opuende, as well as Hon. Peter Abbey and Hon. Igwe-Obey Aforji, Honorable Lemchi Prince Nyeche, along with Honorable Barile Nwakoh, Honorable Emilia Lucky Amadi, Honorable Nkemjika Ezekwe, Honorable Davids Arnold Okobiriari, Honorable Sylvanus Nwankwo, and Honorable Gerald Oforji, are also impacted. His Excellency, Sir Siminalayi Fubara GSSRS, the Governor of Rivers State, has withheld funds allocated to the Rivers State House of Assembly since April 2024. This action appears to be an attempt to undermine the House's operations and to diminish the significance of the Federal High Court's ruling in Suit No.: FHC/ABJ/CS/1613/2023. The ruling explicitly states that "AN ORDER OF INJUNCTION is hereby granted, restraining the Governor of Rivers State (the 11th Defendant), whether acting personally or through his servants or agents, as well as the executive branch of the Government of Rivers State, including the 12th, 13th, and 14th Defendants (individually or collectively), from withholding any funds allocated to the Rivers State House of Assembly in the Consolidated Revenue Fund of Rivers State. This includes salaries and emoluments owed to the Speaker, Deputy Speaker, and other staff members of the House, and prohibits any actions that would deny the Rivers State House of Assembly the necessary funds to conduct its affairs, including the payment of salaries, allowances, emoluments, and fulfilling its financial obligations, regardless of how these are described." His Excellency, Sir Siminalayi Fubara GSSRS, the Governor of Rivers State, has unlawfully withheld the salary of the Clerk of the Rivers State House of Assembly, in violation of the Federal High Court's ruling in Suit No.: FHC/ABJ/CS/1613/2023. The court issued an injunction that explicitly prohibits the Governor, whether acting personally or through his agents, as well as the executive branch of the Rivers State Government, including the 12th, 13th, and 14th Defendants, from withholding any funds allocated to the Rivers State House of Assembly from the Consolidated Revenue Fund. This includes salaries and benefits owed to the Speaker, Deputy Speaker, and other staff members of the House, as well as any actions that would deny the Assembly the necessary funds to manage its operations, including the payment of salaries, allowances, and other financial obligations. Mr. Speaker, we wish to emphasize that the Governor has demonstrated a lack of commitment to governing Rivers State in accordance with the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and his oath of office. The Supreme Court, in Suit No.: SC/CV/1174/2024, criticized his conduct, stating that "the 8th respondent's fear of impeachment by the House of Assembly does not justify his assaults on the Assembly, the Constitution, the Government of Rivers State, and the rule of law. Political disagreements cannot excuse such attacks and contempt for the rule of law by a State Governor or any individual. The actions of the 8th respondent have undermined the government out of fear of impeachment."