TheCable

The All Progressive Congress (APC) says the budget presentation by Siminalayi Fubara, governor of Rivers, to five of the over 30 lawmakers of the state house of assembly was “unconstitutional”.

Fubara presented the budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’ of N800 billion to the lawmakers on Wednesday.

The development came after 25 of the lawmakers in the assembly defected to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP).

Edison Ehie, speaker of the assembly loyal to Fubara and recognised by the court as the authentic presiding officer, declared 25 seats of those who defected vacant.

In a statement, Tony Okocha, caretaker chair of the APC in Rivers, said the presentation was an infringement on the constitution.

“The presentation of a bill to four suspended members of the house of assembly does not fulfill the requirements of the constitution for all the reasons stated,” Okocha said.

The caretaker chair said there is no evidence that Martins Amaewhule was removed as the speaker of the assembly.

“Amaewhule remains the speaker of the house of assembly. The lawmakers passed a vote of confidence on him,” he said.

“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.”