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By Francesca Hangeior

Rivers State House of Assembly has issued a notice accusing the state governor, Siminalayi Fubara, and his deputy, Ngozi Odu, of alleged misconduct.

Twenty-six members of the assembly made the misconduct allegation against Fubara in a notice sent to the Speaker, Martin Amaewhule, on Monday.

According to the lawmakers, their action follows “Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other existing laws.”

They accused Fubara of several offences including reckless and unconstitutional spending of public funds, ans obstructing the Assembly’s activities among others.

The allegations filed against Fubara by the House is listed brelow:

1. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State refused to present the Rivers State Appropriation Bill, 2024 to the Rivers State House of Assembly contrary to Section 121(1)(2) of the Constitution and disobeyed the order of the Federal High Court in Suit no. FHC/ABJ/CS/1613/2023 which declared that “thus as it stands in law, no Appropriation Bill of Rivers State has been presented neither has any of such Bill being passed into law as the purported presentation, passage and signing into law of the Appropriation Bill 2024 of Rivers State is void ab initio” and ordered him to present the Appropriation Bill 2024 to the House.

2. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State authorised or approved withdrawals from the Consolidated Revenue Fund of Rivers State in the 2024 financial year of Rivers State without an appropriation law duly passed by the Rivers State House of Assembly contrary to Section 120 of the Constitution.

3. ”That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State violated Section 122 of the Constitution by authorising expenditures from the Consolidated Revenue Fund of Rivers State even after the Rivers State House of Assembly declared a shutdown on Rivers State Government expenditure in a resolution passed at the 4′ Legislative day of the Second Session of the 10th Rivers State House of Assembly which held on Monday the 15* day of July 2024, thereby relegating the constitutional resolution passed by the House to the background.

4. ”That on Friday the 28th of February 2025, the Supreme Court of Nigeria before their Lordships Uwani Musa Abba Aji JSC, Ibrahim Mohanned Musa Saulawa JSC, Emmanuel Akomaye Agim JSC, Chioma Egondu Nwosu-Iheme JSC and Jamilu Yammama Tukur JSC in Suit no. SC/CV/1174/2024 restored the kudgment of the Federal High Court in Suit No. FHC/ABJ/CS/984/2024 which confirmed that Sir Siminalayi Fubara GSSRS, Governor of Rivers State never presented an Appropriation Bill for 2024, still does not have an Appropriation Law for 2025 so, ordered that “the Central Bank of Nigeria and the Accountant General of the Federation should forthwith stop releasing and paying to the Government of Rivers State, its organs, departments and officials any money belonging to Rivers State until an Appropriation law is made by Rivers State House of Assembly constituted as prescribed by the 1999 Constitution”.

5. “Hindering or obstructing the Rivers State House of Assembly which is another arm of government protected by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) from performing her constitutional duties.

6. “That His Excellency, Sir Siminalayi Fubara GSSRS ordered and personally supervised the demolition of the Rivers State House of Assembly Hallowed Chamber and Auditorium at the Rivers State House of Assembly Complex, Moscow Road, Port Harcourt on the 13th day of December 2023. This action was in contravention of the ex parte order of the Federal High Court in Suit No.: FHC/ABJ/CS/1613/2013 issued on the 30* of November 2023 which declared “that the Rivers State House of Assembly is a constitutional institution that needs to be preserved pending the determination of the Motion on Notice dated and filled 29th November, 2023.”

7. “That the judgelment delivered on the 220d of January 2024 in favour of the Rivers State House of Assembly where the presiding judge-Justice J.K Omotosho in Suit No.: FHC/ABJ/CS/1613/2013 condemned the act of demolition and stated 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” is noteworthy.

8. “That the Supreme Court in Suit No.: SC/CV/1174/2024 delivered on the 28 of February 2025 took judicial notice of the illegal demolition and condemned the action of the Governor of Rivers State wherein it was stated that “surprisingly on 13-12-23, in gross violation of the subsisting Order of the trial court, the appellant demolished Rivers State House of Assembly complex at Moscow Road and secretly arranged four members of the 15 Respondent led by Rt. Hon, Ehie Ogerenye Edison to a place outside the premises of the said House of Assembly and held a sham sitting of the 1s Respondent”.

9. “Appointment of persons to occupy offices/positions in the Rivers
State Government without allowing for the requirement of screening and confirmation as prescribed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended), other extant laws but making the request for screening to persons other than the legitimate Rivers State House of Assembly.

10. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State made several appointments which are in contempt of the Order of the Federal High Court in a Judgement delivered in Suit No.: FHC/ABJ/CS/1613/2023 that prohibited him from dealing with any other persons or House other than the Rivers State House of Assembly under the leadership of Rt. Hon. Martin Chike Amaewhule as Speaker.
This judgement which was upheld by the Court of Appeal and the Supreme Court stated among other things that “AN ORDER is hereby made restraining the 11th Defendant from howsoever or in whatsoever manner making any request, presentation or nomination to the Rivers State House of Assembly except to the Rivers State House of Assembly under the leadership of the 2d Plaintiff as Speaker”.

11. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State failed to forward the name of a nominee for appointment as Attorney-General and Commissioner for Justice in line with Section 192(2) & (6) as well as Section 195(1) of the 1999 Constitution as amended to the legitimate Rivers State House of Assembly as declared by the Judgement of the Federal High Court in FHC/ABJ/CS/1613/2023 but chose to announce one Mr. Dagogo Iboroma to assume the said position.

12. “That His Excellency, Sir Siminalayi Fubara GSSRS illegally swore-in several other persons who were purportedly confirmed by certain individuals for appointment into the Rivers State Executive Council on Tuesday 21st May, 2024 namely- Prince Charles O. Beke; Collins Onunwo; Solomon Eke; Peter Medee; Elloka Tasie-Amadi; Basoene Joshua Benibo; Tambari Sydney Gbara and Ovy Orluideye Chinendum Chukwuma without screening and confirmation by the Rivers State House of Assembly in full compliance with Section 192(2) & (6) of the 1999 Constitution as amended. Others who were sworn in on Tuesday 13th of August 2024 are Illamu Arugu; Rowland Obed Whyte; Samuel Anya; Samuel Eyiba and Austin Emeka Nnadozie while Israel Ngbuelu; Evans Bipi;
Otamiri Ngubo and Benibo Alabraba were sworn in on Monday 7th October 2024. Emmanuel Frank-Fubara was sworn-in on the 8th of July 2024 amounting to a total number of 19 persons parading themselves and misleading Rivers people that they are Commissioners with your tacit approval.

13. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State illegally swore-in Mr. Lawrence Oko-Jaja as Chairman; Earnest Ibekwe Ekwe; Mina Ogbanga; Iseleye Amachree and Adokiye Oyagiri as members of the Rivers State Bureau on Public Procurement on Friday 30th of August 2024 without screening and confirmation by the legitimate Rivers State House of Assembly as stipulated in Section 4(a) of the Rivers State Public Procurement Law No. 4 of 2008. Others are Gift Alex-Hart; Grace Osaronu and Selinah Amonieah as members.

14. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State engaged Mr. Goodlife Ben as Chairman;
Emmanuel Jaja; Betty Warmate; Jerome Chimenem; Prince Ohochukwu; Philip Okparaji and Christian Amadi as members of the Rivers State Local Government Service Commission without screening and confirmation by the legitimate Rivers State House of Assembly contrary to Section 44(3) of the Rivers State Local Government Law No. 5 of 2018.

15. “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.

16. “His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State seized salaries of some members of the Rivers State House of Assembly which were hitherto paid monthly from the Ministry of Finance of Rivers State. The month of April, 2024 was the last time monthly salaries were paid to Rt. Hon.
Martin Chike Amaewhule; Rt. Hon. Dumle Maol; Hon. Major Jack; Hon. Franklin Uchenna Nwabochi; Hon. Christopher Ofiks Kagbang; Hon. Azeru Opara and Hon. Enemi Alabo George. Others in the same fate are Hon. Granville Tekenari Wellington; Hon. Solomon Wami; Hon. Bernard Mgbar; Hon. John Dominic Iderima; Hon. Queen Uwuma Tony Williams and Hon. Lolo Isaiah Opuende. Hon. Peter Abbey; Hon. Igwe-Obey Aforji; Hon. Justina Emeji; Hon. Ignatius Onwuka; Hon. Chimezie Nwankwo; Hon. Lemchi Prince Nyeche as well as Hon. Barile Nwakoh; Hon. Emilia Lucky Amadi;Hon. Nkemjika Ezekwe; Hon. Davids Arnold Okobiriari; Hon. Sylvanus Nwankwo and Hon. Gerald Oforji are also affected.

17. “His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State seized funds standing to the credit of the Rivers State House of Asembly since the month of April 2024 in a bid to frustrate the House and cripple her activities as well as relegate the Judgement of the Federal High Court in Suit No.: FHC/ABJ/CS/1613/2023 to the background. The Judgement stated that ” AN ORDER OF INJUNCTION is hereby granted restraining the Governor of Rivers State (the 11th Defendant) whether by himself or his servants or agents and/or the executive arm of the Government of Rivers state, including the 12th, 13th and 14th Defendants (by themselves individually or collectively), or by their servants or subordinates from withholding any amount standing to the credit of Rivers State House of Assembly in Consolidated Revenue Fund of Rivers State including salaries and emoluments due and payable to the Speaker, Deputy Speaker, 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 running its affairs including the payment of salaries, allowances, emoluments and meeting its financial obligations no matter how described.”

18. “His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State illegally withheld the salary of the Clerk of the Rivers State House of Assembly contrary to the Judgement of the Federal High Court in Suit No.: FHC/ABJ/CS/1613/2023 which stated that ” AN ORDER OF INJUNCTION is hereby granted restraining the Governor of Rivers State (the 11h Defendant) whether by himself or his servants or agents and/or the executive arm of the Government of rivers state, including the 12th, 13th and 14th Defendants (by themselves individually or collectively), or by their servants or subordinates from withholding any amount standing to the credit of Rivers State House of Assembly in Consolidated Revenue Fund of Rivers State including salaries and emoluments due and payable to the Speaker, Deputy Speaker, 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 running its affairs including the payment of salaries, allowances, emoluments and meeting its financial obligations no matter how described.”

19. “Mr. Speaker, we conclude by stating that the Governor has shown that he is not prepared to govern Rivers State in line with the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and his oath of office. The Supreme Court in Suit No.: SC/CV/1174/2024 condemned his actions when it stated that “the 8th respondents 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”.