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National Tribune

Flagging The Conscience Of Truth

Federal High Court in Abuja Issues Restraining Orders Against Rivers State Governor and Others

ByWeb Manager

Dec 8, 2023

A Federal High Court in Abuja has issued restraining orders against the Governor of Rivers State, Siminalayi Fubara, and several others, preventing them from impeding the statutory functions and activities of the Rivers State House of Assembly. The court emphasized the significance of preserving the State House of Assembly as a “constitutional institution” that must continue its operations.

In the suit with the number FHC/ABJ/CS/1613/2023, Justice J.K Omotosho granted the interim injunction, restraining Governor Fubara from removing or transferring the Clerk and Deputy Clerk of the House. The court also barred the State Government from withholding any amount allocated to the Rivers State House of Assembly in the Consolidated Revenue Fund, including salaries and emoluments for the Speaker, Deputy Speaker, and other members.

The legal action was initiated 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. The defendants included the state governor, Sim Fubara, the Attorney General of the State, Commissioner of Finance, Accountant General, Rivers State Civil Service Commission, Inspector General of Police, National Assembly, Senate President, Deputy Senate President, Speaker of the House of Representatives, Deputy Speaker of the House of Representatives, and others.

Justice Omotosho underscored that the affidavit in support of the motion ex parte revealed that 25 out of 31 members of the State House of Assembly were actively conducting business. The court ordered an interim injunction, restraining the defendants from assuming the functions of the Rivers State House of Assembly or dealing with its funds pending the hearing of the motion on notice for interlocutory injunction.

Additionally, the court issued an interim injunction preventing the defendants from taking control of appointments, removals, transfers, or interfering with the duties of personnel in the offices of the Clerk, Deputy Clerk, and other staff of the House. The orders also prohibit the withholding of funds meant for the Rivers State House of Assembly pending further legal proceedings.

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