According to Arise TV, Senior Advocate of Nigeria, Oba Maduabuchi, has criticized both Governor Siminalayi Fubara and Martin Amaewhule for their roles in the ongoing political crisis in Rivers State. In an interview with Arise TV, Maduabuchi condemned Fubara’s decision to present the 2024 budget to a four-member assembly, calling it improper. He emphasized that the three-member assembly led by Hon. Oko Jumbo does not meet the constitutional requirements for a valid legislative body.
Maduabuchi argued that the 27 lawmakers who defected from the People’s Democratic Party (PDP) in December 2023 had automatically lost their seats, as the Nigerian Constitution states that a legislator must forfeit their position upon joining another political party. He pointed out that, based on the constitutional stipulations, these defectors were no longer members of the assembly and that the three-member assembly was not legally recognized, as it did not meet the minimum number of members required for a functional House.
According to the Senior Advocate, the Nigerian Constitution mandates that a state legislature must consist of at least 20 or 24 members for it to be valid. Therefore, a three-member assembly cannot meet this legal requirement. He noted that Fubara should have adhered to this provision, rather than presenting the budget to just four legislators, which he regarded as an illegal act.
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Maduabuchi also referred to Section 96 of the Constitution, which allows government departments to continue spending the funds allocated to them in the previous year’s budget for up to six months or until a new appropriation bill is passed. He stated that this provision should have been utilized by Fubara as a legal alternative to avoid presenting the budget to an assembly that did not meet constitutional standards.
In summary, Maduabuchi criticized both sides in the Rivers State political drama. He stated that the 27 defectors were no longer legally part of the assembly, and that the three-member assembly could not function within the bounds of the law. He also advised Fubara to have relied on the constitutional provisions that allow for continued funding based on the previous year’s budget, rather than rushing into an illegal presentation of the 2024 budget.
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