Fresh uncertainty has enveloped Rivers State following the failure of Governor Siminalayi Fubara to present the 2026 Appropriation Bill to the State House of Assembly, raising concerns over the legality of government spending after the expiration of the constitutional six-month grace period.
Although the House of Assembly recently approved the 2026–2028 Medium Term Expenditure Framework (MTEF), a key prerequisite for the presentation of the annual budget, lawmakers have yet to receive the Appropriation Bill for consideration and passage as the state enters the second half of the year.
The MTEF was laid before the Assembly by Speaker Martin Amaewhule on June 25 after Governor Fubara formally requested legislative approval. The lawmakers reconvened the following day and passed the framework, a move that initially sparked optimism that the state would avoid a looming constitutional crisis.
Under Section 122 of the Constitution, a state government may continue spending for up to six months into a new financial year if a new budget has not been passed. That grace period expired on June 30, leaving questions over the legality of further expenditure without an Appropriation Law.
The last budget governing Rivers State was prepared during the six-month emergency administration led by retired Vice Admiral Ibok-Ete Ibas and approved by the National Assembly. That budget expired on December 31, 2025.
Governor Fubara had earlier approved a proposed ₦1.854 trillion 2026 budget, tagged “Budget of Resilience for Growth and Development,” during an Executive Council meeting on January 2. However, the proposal was never presented to the Assembly following disagreements between the executive and lawmakers, with the House insisting on scrutinising the executive’s financial records before receiving the budget.
Despite the eventual passage of the MTEF, expectations that the governor would immediately present the Appropriation Bill have not materialised.
A source within the House of Assembly, who spoke on condition of anonymity, said the lawmakers had fulfilled their part by approving the MTEF and were awaiting the governor’s next move.
According to the source, Speaker Amaewhule had already expressed concerns that the MTEF was submitted late, adding that the Assembly expedited its consideration in the interest of the state.
“The ball is now in the governor’s court. He should present the budget as quickly as possible because the Assembly still needs time to review and pass it,” the source said.
However, a source within the Rivers State Government disputed the Assembly’s position, insisting that the executive transmitted the MTEF much earlier and that lawmakers delayed acting on it.
The source alleged that the Assembly intentionally withheld approval until just days before the constitutional deadline, expressing hope that the outstanding issues would be resolved promptly to enable the governor to present the Appropriation Bill.
Meanwhile, legal experts and civil society groups have warned that continued spending without a duly passed budget could violate constitutional provisions.
Rights activist and lawyer Chetam Thierry Nwaala argued that the expiration of the grace period means the Rivers State Government no longer has legal authority to withdraw or spend funds from the state’s consolidated accounts.
He maintained that the passage of the MTEF alone does not authorise government expenditure, stressing that only an Appropriation Law can legally empower the executive to spend public funds.
Nwaala warned that any expenditure beyond June 30 without a valid budget could amount to a constitutional breach and alleged financial misconduct.
He disclosed that his organisation is considering legal action to compel the suspension of transactions on Rivers State government accounts until a budget is formally presented and passed by the House of Assembly.
The prolonged budget impasse has intensified concerns over the continuity of government operations, with observers warning that delays in resolving the dispute could disrupt funding for ministries, departments, and agencies across the state.
