Rivers crisis: Why Fubara’s budget presentation is unconstitutional — APC

Gov Fubara

The All Progressives Congress (APC) has faulted Gov. Siminalayi Fubara’s 2024 budget presentation to four out of the 31 members of the state House of Assembly.

Fubara had on Wednesday presented the N800 billion 2024 budget to the four lawmakers believed to be loyal to him at the Government House in Port Harcourt, few minutes after the demolition of the House of Assembly Complex.

But, Mr Tony Okocha, the state APC Caretaker Committee Chairman, said in a statement in Port Harcourt that the action was unconstitutional.
Okocha said that Section 120(2) of the Constitution clearly stated that no money shall be spent except it was appropriated by the state House of Assembly.

‘’The presentation of a bill to 4 suspended members of the House of Assembly does not fulfill the requirements of the constitution for all the reasons stated,’’ he said.

Okocha cautioned that expenditure made by the state government on the outcome of such presentation was clearly an infringement on the constitution and as such sufficient grounds to commence impeachment.

He also said that Section 92(2)C prescribed that a Speaker can be removed by two third majority of the House of Assembly.

Okocha alleged that there was no evidence to show that Mr Martins Amaewhule, the Speaker of the House had been removed from office.
‘’Amaewhule remains the speaker of the House of Assembly, the lawmakers passed a vote of confidence on him,’’ he said.

Okocha also said that Section 96(1) of the constitution clearly stated that the quorum of the House of Assembly shall be one-third of all members.

“One-third of 31 minus the deceased member is clearly 11 as such four members can never form a quorum.

“Section 99 states that any member who sits or votes in a House of Assembly of a state, knowing or having reasonable grounds for knowing that he is not entitled to do so, commits an offense and is liable on conviction to such punishment as shall be prescribed in a law of the House of Assembly.

“Section 101 gives the House of Assembly the power to regulate its procedures, including summoning and recess of the House.

“Section 105(3) also defines the role of the governor of the state.

“The governor shall have power to issue a proclamation for the holding of the first session of the Assembly,’’ he said.

Okocha added: “This function the governor has performed. As such the Assembly takes over to regulate its procedures, including summoning and recess of the House.”

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