BREAKING: Court dismisses Fubara’s appeal, affirms Amaewhule as Speaker of Rivers Assembly

The Court of Appeal sitting in Abuja, on Thursday, affirmed Hon. Martin Amaewhule as the authentic Speaker of the Rivers State Assembly.

The appellate court, in a unanimous decision by a three-member panel of Justices, equally validated the Amaewhule-led members of the Assembly as bonafide lawmakers for the state.

While dismissing an appeal that was lodged before it by Governor Siminalaye Fubara, the court upheld a judgement the Federal High Court delivered on January 22, which nullified the 2024 budget of Rivers State on the premise that it was not presented before members of the state assembly that were known to the law.

According to the appellate court, Fubara, shot himself on the foot when he voluntarily withdrew a counter-affidavit he filed to challenge a legal action the Amaewhule-led lawmakers instituted to be recognised as valid members of the Rivers State House of Assembly.

The court held that governor Fubara’s decision to present the 2024 Rivers State Appropriation Bill to only four out of 31 members of the Assembly, amounted to a gross violation of section 91 of the 1999 Constitution, as amended.

It will be recalled that the Rivers State Assembly was fractionalised owing to the frosty relationship between Governor Fubara and his predecessor and Minister of the Federal Capital Territory, FCT, Nyesom Wike.

In the heat of the fracas, governor Fubara sidelined the Amaewhule-led 26 members of the House that were loyal to Wike and presented the state’s N800billion 2024 budget before the four lawmakers led by Hon. Edison Ehie who had emerged as a factional Speaker of the Assembly.

The Ehie-led faction, which had also declared seats of the Amaewhule-led pro-Wike lawmakers vacant for defecting to the All Progressives Congress, APC, from the Peoples Democratic Party, promptly passed the budget which was quickly assented to by Governor Fubara.

Meanwhile, following the intervention of President Bola Tinubu, both Fubara and Wike signed a peace pact that included the restoration of Amaewhule as the bonafide Speaker of the State Assembly.

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The factional Speaker, Ehie, who had approached the court and was joined as an interested party in the suit, subsequently withdrew all the processes he filed before the court and equally rescinded both his seat and his membership of the Assembly.

Whereas Governor Fubara, in line with terms of the peace deal, withdrew all the processes he filed to challenge the suit, however, the pro-Wike lawmakers only withdrew an impeachment notice they served on him while they declined to terminate their legal action.

While deciding the suit, Justice James Omotosho of the high court held that the budget was invalid as it was not properly presented before the Rivers State House of Assembly as required by the law.

It held that Governor Fubara acted like a tyrant when he demolished the Rivers State Assembly complex and withheld funds standing to the credit of the legislative house.

The court also described as unconstitutional, the redeployment of the Clerk and Deputy Clerk of the Rivers State Assembly by Governor Fubara.

Justice Omotosho stressed that the governor lacked the statutory rights to interfere with the operations of the Assembly, adding that he acted in contempt of a subsisting order that barred the parties from taking any steps to overreach the matter that was pending before the court.

Besides, the court held that the National Assembly could not take over the legislative affairs of the state in the absence of the preconditions that were listed under section 11 of the 1999 Constitution, as amended.

Consequently, the court, among other things, nullified all actions the Rivers Assembly took without the participation of the Amaewhule-led members of the House, among which included the presentation of the state appropriation bill.

It issued an order of injunction, restraining Governor Fubara from impeding or frustrating the operations of the Assembly under Amaewhule’s leadership as its speaker.

It ordered the governor to release all funds standing to the credit of the Rivers State House of Assembly.

While upholding the verdict of the lower court, the appellate court held that Fubara conceded to the Amaewhule-led lawmakers when he withdrew all the processes he filed against their suit.

“A party must be consistent in the presentation of its case. A party cannot approbate and reprobate or blow hot and cold at the same time,” the appellate court held.

It held that the orders of the trial court were appropriate given the circumstance of the case, saying the appeal Fubara filed before it amounted to an academic exercise.

Accordingly, it ordered Fubara to pay a cost of N500,000 to each of the Respondents in the appeal marked: CA/ABJ/CV/133/2024.

BREAKING: Court dismisses Fubara’s appeal, affirms Amaewhule as Speaker of Rivers Assembly

FG okays zero VAT, duty on pharmaceuticals for gazette

The Federal Government has announced the completion of an Executive Order to implement zero Value-Added Tax (VAT) and excise duties on pharmaceutical products and medical devices.

This significant development was disclosed in a statement by Alaba Balogun, the spokesman for the Federal Ministry of Health and Social Welfare.

According to Balogun, the harmonized implementation framework for the Executive Order has now been cleared for gazetting, marking an important step towards enhancing the affordability and accessibility of essential medical supplies in Nigeria.

This move is expected to alleviate the financial burden on both manufacturers and consumers, ultimately improving public health outcomes across the country.

“This critical step ensures that the Federal Inland Revenue Service and the Nigeria Customs Service can proceed with the implementation of zero VAT and excise duties on pharmaceutical products and medical devices,” he said.

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“This is a significant milestone, as it opens the door for our local pharmaceutical and medical device manufacturers to begin fully benefiting from the relief measures outlined by His Excellency, President Bola Ahmed Tinubu, in the Executive Order.

“With the implementation of this Executive Order, we anticipate a notable reduction in the prices of essential pharmaceutical products and medical consumables.

“This development aligns with the Ministry’s unwavering commitment to reducing both the physical and financial pain faced by millions of Nigerians who depend on these critical health supplies.”

According to the statement, the gazetting of the harmonised implementation framework represents the realisation of the third pillar of the Ministry’s four-point agenda, which focuses on unlocking the healthcare value chain.

This comes about four months after the Coordinating Minister of Health and Social Welfare, Prof Muhammad Pate, announced that President Bola Tinubu signed an executive order to increase local production of healthcare products, including pharmaceuticals, diagnostics, devices such as needles and syringes, biologicals, medical textiles, and others.

FG okays zero VAT, duty on pharmaceuticals for gazette

Human rights writers back Rivers gov on judicial inquiry against ‘political terrorists’

Civil rights advocacy group, Human Rights Writers Association of Nigeria (HURIWA), has praised Rivers State Governor, Sir Siminalayi Fubara, for his decisive move in establishing a Judicial Commission of Inquiry to investigate the violence, arson, and destruction of public property that followed the local government elections in the state.

HURIWA described inquiry as one of the Governor’s most commendable actions, given the need for justice and accountability in the face of such serious unrest.

In a media statement, by its national coordinator, Emmanuel Onwubiko, HURIWA lauded the commission as a crucial step toward identifying and prosecuting the perpetrators, whom it referred to as “political terrorists.”

The Governor had inaugurated a seven-member Judicial Commission of Inquiry to probe the violence that led to the burning of several local government council headquarters in Rivers State.

“This is a well-timed intervention aimed at uncovering the root causes of the unrest and ensuring those responsible are held accountable,” the statement read.

HURIWA stressed that the individuals behind the violence are not mere vandals but political terrorists determined to destabilize the state’s democratic institutions.

“Those who burned local government secretariats to disrupt the election process and undermine democracy are political terrorists by definition,” the group asserted.

While commending that the Commission of Inquiry, which Justice Ibiwengi Roseline Minakiri chairs, includes prominent individuals like Mrs. Inyingi Brown, who serves as the secretary, and Uzor Ikenga, acting as counsel, HURIWA stressed the importance of this commission in delivering justice.

The human rights group called on security forces to ensure that any individual, regardless of political stature, is made to appear before the commission if summoned. “If any person, no matter how powerful or influential, is implicated in this plot to destabilize Rivers State, the security agencies must act swiftly to arrest and present them before the commission. If found guilty after lawful proceedings, they should be prosecuted,” HURIWA stated.

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HURIWA also expressed dissatisfaction with President Bola Tinubu’s response to the situation, describing his remarks as lacking statesmanship.

In a statement issued by the President’s Special Adviser on Information and Strategy, Bayo Onanuga, the President had urged political leaders in Rivers State to settle their disputes in court while also directing the police to ensure the protection of public facilities. However, HURIWA criticized the President for failing to identify those responsible for the violence explicitly and instead attempting to shift the narrative onto Governor Fubara.

The human rights group pointed out that it is not within the President’s purview to direct the Inspector General of Police (IGP) to carry out his constitutional duties, especially after a failure of security management has already occurred.

“It is not the President’s job to tell the IGP to ensure peace and order at the local government offices. That is the constitutional responsibility of the police, and the IGP should not need a reminder to fulfill that role,” HURIWA stated.

Furthermore, HURIWA criticized IGP Kayode Egbetokun for previously refusing to provide security during the Rivers local government elections, thus making him a partisan player in the crisis.

The group argued that the IGP’s refusal to maintain neutrality compromised his role as the nation’s top police officer, and as such, President Tinubu should have dismissed him. “By allowing IGP Egbetokun to remain in office after he failed to secure the elections and by condoning his partiality in this crisis, the President is effectively endorsing impunity and lawlessness,” HURIWA remarked.

In light of the IGP’s actions, HURIWA issued a seven-working-day ultimatum to arrest and prosecute the individuals responsible for the violence and arson in Rivers State.

The group emphasized that these individuals, many of whom were captured on video, must be apprehended and held accountable. “The terrorists who set local councils on fire are identified on video. If the IGP fails to arrest them within seven working days, HURIWA will initiate an international campaign urging European countries and the United States to impose visa bans on him. We will work to ensure that any visas he holds are revoked,” HURIWA warned.

The group stressed that while it is committed to achieving justice within Nigeria, it will not hesitate to seek international redress if the situation is not addressed swiftly. “We are prepared to launch a global advocacy campaign against IGP Egbetokun unless he fulfills his constitutional duty and arrests these criminals,” HURIWA concluded.

In closing, HURIWA reaffirmed its support for Governor Fubara’s actions, stating that the judicial commission of inquiry is an essential step toward restoring peace and preventing Rivers State from becoming a theater of lawlessness. The group called on all stakeholders, including security forces, political leaders, and the judiciary, to act responsibly in addressing the issue. “This is a defining moment for the rule of law in Rivers State. Those responsible for this chaos must face justice, and we commend the Governor for his bold and timely action in establishing this inquiry,” HURIWA said.

The group also reiterated its readiness to hold the IGP and other law enforcement agencies accountable, insisting that no one is above the law, and urged Nigerians to remain vigilant in safeguarding democracy in Rivers State.

Human rights writers back Rivers gov on judicial inquiry against ‘political terrorists’