Judicial Verdict on Rivers State Budget: A Critical Review

By Saintmoses Eromosele (Prolific Author, Rights Activist, and Policy Analyst)

On July 3, 2024, the Federal High Court delivered a landmark judgment that declared the passage of the Rivers State 2024 budget by a faction of five lawmakers loyal to Governor Siminalayi Fubara as illegal. This ruling, while reinforcing the rule of law, has profound implications for the political and administrative landscape of the state.

The court’s decision to invalidate the budget underscores the necessity of adhering to constitutional procedures. By emphasizing that a proper quorum was not met during the budget’s passage, the judgment reinforces the importance of legislative integrity and procedural correctness. This aspect of the ruling serves as a crucial reminder that legal shortcuts cannot replace the foundational principles of governance.

A significant component of the judgment is its stance on the separation of powers. The court invalidated Governor Fubara’s redeployment of the Clerk and Deputy Clerk of the Assembly, asserting that such appointments fall within the legislative domain. This move is a robust affirmation of the autonomy of the legislative branch, ensuring that executive influence does not encroach upon legislative functions.

The court’s directive for Governor Fubara to release all withheld funds to the legislators loyal to former Governor Nyesom Wike is vital for maintaining the Assembly’s operational independence. This ruling ensures that financial control cannot be wielded as a tool for political maneuvering, thus preserving the legislature’s ability to function without undue executive pressure.

By restraining Governor Fubara from obstructing legislative activities and withholding funds, the court has taken a significant step in checking potential executive overreach. These orders aim to prevent any form of executive tyranny and uphold democratic norms within the state’s governance framework.

However, this landmark judgment is not without its critiques. Some may perceive the court’s decision to nullify the budget as an instance of judicial overreach, given the potential economic and administrative disruptions this could cause. An entire budget’s invalidation can delay essential state projects and services, adversely affecting public welfare and economic stability.

The judgment could exacerbate the existing political rift between factions loyal to Governor Fubara and those aligned with former Governor Wike. This intensified polarization may hinder effective governance and perpetuate instability within the state.

There are also practical concerns regarding the enforceability of the court’s restraints on Governor Fubara. Ensuring compliance in a highly polarized political environment is challenging, raising questions about the efficacy of such judicial interventions in fostering long-term stability and governance.

While the judgment aims to uphold constitutional principles, it may inadvertently contribute to the ongoing political conflict rather than resolving it. By delegitimizing the actions of one faction, the ruling could perpetuate the power struggle and distract from the state’s governance.

The July 3, 2024, judgment by the Federal High Court is a pivotal moment for Rivers State, emphasizing the rule of law and the separation of powers. However, it also brings to light the delicate balance between upholding legal principles and ensuring effective governance. As the state navigates the aftermath of this ruling, the broader implications for its political and administrative stability remain to be seen.

Saintmoses Eromosele writes from his Cassava farm in Ewu, Edo State.