ALDRAP drags Amaewhule, Rivers Assembly to Court, seeks order of mandamus compelling them to fix ‘reasonable’ date for presentation of appropriation bill

The Registered Trustees of Association of Legislative Drafting And Advocacy Practitioners (ALDRAP) has filed an action at the Federal High Court seeking an Oder of Mandamus directing and compelling the Martin Amaewhule-led Rivers State House of Assembly to fix a reasonable time and date within which Governor Siminalayi Fubara would present the appropriation bill and finance bill for the year 2025.

Part of the Motion Exparte filed on Friday, 14 March 2025 reads:

“AN ORDER of this Honourable Court granting the Applicant leave to apply for Order of Mandamus directing and compelling the Respondents to fix a reasonable time and date (A reasonable a time and date, being such time and  date  before  salaries  and  allowances  of  all  persons  under  the employment and service of the Rivers State Government is due from the date of this application); and to provide such reasonable avenue and courtesy to the Governor of Rivers State, in a manner devoid of rancour and intimidation for the presentation of the appropriation bill and finance bill for the year 2025 and/or any such bill necessary for the due administration, receipt and expenditure of funds/money due or standing to the credit of the Government of Rivers State.”

Grounds for the application are:

A. Subject to the judgment of the  Supreme Court of Nigeria in suit No. …………………………, the Central Bank of Nigeria and the Accountant General of the Federation will not release to the Government of Rivers State statutory federal allocations due and standing to the credit of Rivers State to the Government of Rivers State except an appropriation law is duly presented by the Governor of Rivers State and passed by the Rivers State House of Assembly.

B. The  Governor in compliance with the judgement of the  Supreme  Court mandating it to present the said appropriation bill before the Respondents for passage into law, has communicated his readiness to do so to the Respondents, but the Respondents have refused to create the necessary avenue and courtesy for the Governor to perform such duty.

C. Our members are persons who may be directly affected and will suffer untold hardship and irreparable damage should the federal allocation due Rivers State be withheld.

D. Therefore, it has become imperative that this honourable grant us leave to seek order(s) of this court mandating the Respondents to provide the necessary avenue and courtesy required for the presentation of the appropriation bill for 2025 by the Governor, and order mandating the Respondent to pass the bill into law within a reasonable time.

Below is a filed copy of the process.

Federal-High-Court-Of-Nigeria-filed-copy

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