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Court Restrains Gov Fubara From Stopping House Of Assembly Funds, Removing Clerk, Others

A Federal High Court in Abuja has issued a series of orders restraining the Governor of Rivers State, Siminalayi Fubara, from interfering with the State House of Assembly.

The court described the House as a constitutional institution that needs to be preserved” and must continue to function without hindrance.

In a suit filed by the Rivers State House of Assembly and its Speaker, Rt. Hon. Martine Chike Amaewhule, the court granted the following orders:

“An order of interim injunction restraining the 1st to 14th defendants by themselves or by their servants and/or agents from taking over the performance of the functions of Rivers State House of Assembly or in any manner howsoever assuming the role, functions or duties of the Rivers State House of Assembly pending the hearing of the motion on notice for interlocutory injunction dated and filed 29th November, 2023.

“An order of interim injunction restraining the 1st to 14th defendants by themselves or by their servants, agents or privies from howsoever withholding the funds of Rivers State House of Assembly or deal in any manner howsoever with the funds meant for the Rivers State House of Assembly pending the hearing of the motion on notice for interlocutory injunction dated and filed 29th November, 2023.

“An order of interim injunction restraining the 11th to 14th defendants by themselves or by their servants, agents or privies from howsoever taking over the control of appointment, removal, transfer or generally taking control of persons appointed into the office of the clerk, Deputy Clerk, or other members of staff of the 1st Plaintiff or in any manner interfering with the performance of the functions or duties of persons appointed into the said offices pending the hearing and determination of the Motion on Notice for interlocutory injunction dated and filed 29th November, 2023.

“An order of interim injunction restraining the 11th to 14th defendants by themselves or by their servants, agents and/or the executive arm of the Government of Rivers State, or collectively, from withholding any amount standing to the credit of Rivers State House of Assembly in the Consolidated Revenue Fund of Rivers State including salaries and emoluments due and payable to the Speaker, Deputy Speaker, and other members of the 1st Plaintiff as well as the Clerk, Deputy Clerk and other members of staff of the House or in any manner whatsoever denying the Rivers State House of Assembly of the due fund for the running of its affairs pending the hearing of the motion on notice for interlocutory injunction filed simultaneously with the motion exparte.”

These orders come in response to the recent conflict between the Governor and the State House of Assembly.

The court’s decision emphasizes the importance of the House as a constitutional institution and its right to function independently without interference from the executive branch.

The full implications of this ruling are still unfolding, but it is clear that it represents a significant victory for the Rivers State House of Assembly and its efforts to maintain its autonomy.

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