The Legality of 2014 Rivers State Budget of Controversy

Abstract

Governor Rotimi Amaechi of Rivers state recently shocked the people of the state when he presented an estimated N485.524 billion budget for 2014 amidst argument that the state House of Assembly has no constitutional right to sit outside the hallow chambers. Before the passage, the state chapter of the People’s Democratic Party, PDP, had raised an alarm that the lawmakers loyal to the governor were planning to sit any time soon, an allegation which government agents denied that there was no such plan. The budget was passed inside the Government House, the Banquet hall, to be specific and the process lasted for less than an hour to the surprise of the populace and local journalists in the state. Defending the allegation by the PDP, the Deputy Speaker of the Rivers State House of Assembly, Hon. Leyii Kwanee on Monday condemned in strong terms the release issued by the special Adviser on Media to the PDP Chairman, Mr. Jerry Needam stating that the House would commence sitting at the Government House with regard to the passage of the 2014 appropriation bill. Speaking to newsmen in Port Harcourt, the Deputy Speaker said as a principal officer he was not aware of such notice and that such was the imagination of PDP and its Adviser on Media. He accused the party of trying to overheat the polity again and to ensure that Rivers people do not benefit from the developmental programmes of governor Amaechi by making unguarded utterances with the intention to disrupt the Assembly in order to appropriate funds for the government. In determining the legal nature and effect of the January 6 sitting of the House, certain issues must be taken into consideration. Sections 90 to 129 of the 1999 Constitution which provide for the composition, powers and operation of a State House of Assembly make absolutely no reference to the building or chambers in which the houses will function. The 1999 Constitution is concerned with the house as a body of legislators, and not a house as a building made of brick and cement. This paper discusses the legality of conducting legislative matters outside the designated area of their operations. The 2014 budget passed by the House and signed into law by the Governor was used as a case study.