Lawyers speak on legality of Fubara re-presenting budget

Senior lawyers Wednesday shared their views on the propriety of the call on Rivers State governor, Siminalayi Fubara to re-present the 2024 budget to the state House of Assembly. 

Recall that in the heat of the crisis between Fubara and his predecessor, Nyesom Wike, which divided the state Assembly, the governor had presented the 2024 Appropriation Bill to a four-member Assembly loyal to him. The bill, which was passed by the four-member Assembly in less than 24 hours after it was submitted, was thereafter signed into law by the governor. 

But following the intervention of President Bola Tinubu in the crisis, an eight-point resolutions was signed by the warring parties, with one of the resolutions directing the governor to re-present the budget to the Assembly to be chaired by Martins Amaewhule, the speaker of the faction loyal to Wike. 

But weeks after the pact was signed and the implementation of some of the resolutions, the governor was yet to re-present the budget to the Assembly leading the Assembly to on Tuesday pass a resolution asking the governor to re-present the budget. 

Reacting to this in an interview with Daily Trust, Ben Anachebe (SAN) said there was nothing wrong with the governor re-presenting the budget if the Assembly was either not properly constituted or requests for a fresh presentation. 

He said where the first had been assented to by the governor as passed by a minority of the members, then it has to be cancelled and a new appropriation bill prepared. 

“The second one can be called Amended Appropriation Law,” he said. 

Also reacting, Dayo Akinlaja (SAN) said the matter had become political rather than legal, which has created some exceptional circumstances. 

“Therefore, there can be no legal correctness anytime soon in the affairs of the state. 

“As often said, if the foundation is destroyed what can the righteous do,” he said.