…Issues Notice of Allegations
The Rivers State House of Assembly has levelled a series of allegations against Governor Siminalayi Fubara, accusing him of gross misconduct, unconstitutional expenditure, and obstruction of legislative functions.
These allegations are part of a notice signed by 26 members of the Assembly and submitted to Speaker Martin Amaewhule on Monday.
The accusations against Fubara include alleged reckless spending of public funds without legislative approval and obstruction of the Assembly’s activities. Among the key allegations are:
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- Failure to present the 2024 Appropriation Bill: The Assembly asserts that Governor Fubara did not present the Rivers State Appropriation Bill for 2024, violating Section 121(1)(2) of the Nigerian Constitution. A Federal High Court ruling declared the purported presentation, passage, and signing into law of the 2024 Appropriation Bill as “void ab initio,” ordering the Governor to re-submit the bill to the House.
- Unauthorised withdrawals: The Governor is accused of authorising withdrawals from the Consolidated Revenue Fund of Rivers State for the 2024 financial year without an appropriation law passed by the Assembly, contravening Section 120 of the Constitution.
- Defiance of legislative oversight: Despite the Assembly’s resolution to halt government expenditure, Governor Fubara allegedly continued to authorise spending from the Consolidated Revenue Fund, violating Section 122 of the Constitution. The lawmakers referenced a 28 February 2025 Supreme Court judgment ordering the Central Bank of Nigeria and the Accountant General of the Federation to halt fund disbursement to Rivers State until a proper budget is passed. The Governor is accused of disregarding this ruling.
- Obstruction of legislative functions: The Governor is alleged to have hindered the Assembly from performing its constitutional duties, including ordering and supervising the demolition of the Assembly’s chambers on 13 December 2023 despite a Federal High Court order to preserve the institution. Notably, the court, in its judgment delivered on 22 January 2024, held that: “This court finds it strange that the 11th defendant as Chief Executive of the State would go to the extent of stopping the authentic House of Assembly from sitting through devious means such as destroying the House of Assembly Complex.
- Illegal appointments and defiance of court orders: Governor Fubara is accused of appointing individuals to government positions without the required screening and confirmation by the Assembly, in violation of constitutional and legal provisions. Among those allegedly appointed without due process are 19 commissioners, including Prince Charles O. Beke, Collins Onunwo, Solomon Eke, and Peter Medee. Others include members of the Rivers State Bureau on Public Procurement, such as Lawrence Oko-Jaja and Earnest Ibekwe Ekwe, and the Rivers State Local Government Service Commission, led by Goodlife Ben. The Assembly cited a Federal High Court judgment (Suit No. FHC/ABJ/CS/1613/2023), which barred Fubara from recognising or engaging with any legislative body other than the one led by Speaker Martin Amaewhule. Despite this, lawmakers allege that Fubara ignored the ruling, stating, “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State made the illegal appointments and refused to rescind his actions even after several letters were sent to him and published in the electronic and print media following resolutions of the house.”
- Withholding of funds: The Governor allegedly seized the salaries of certain Assembly members and withheld funds allocated to the Assembly since April 2024, an action the House claims was meant to cripple legislative activities. The Assembly accuses Fubara of unlawfully withholding funds meant for its operations, defying a Federal High Court order that directed the government to release all due allocations.
In their concluding statement, the legislators argue that Governor Fubara has repeatedly violated the Nigerian Constitution and his oath of office.
They noted that the Supreme Court, in Suit No.: SC/CV/1174/2024, criticized Governor Fubara’s actions, stating: “The 8th respondent’s fear of impeachment by the House of Assembly is no justification for his attacks on the House of Assembly, the Constitution, the Government of Rivers State and the rule of law. Political disagreements cannot justify these attacks and contempt for the rule of law by the Governor of a State or any person. What the 8th respondent has done is to destroy the government because of fear of being impeached.”
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