The Rivers State High Court has ruled that Governor Siminalayi Fubara is legally authorized to transact business with the three lawmakers who have not vacated their seats in the state’s House of Assembly.
The ruling, delivered on December 20 by presiding judge Sika Aprioku, dismissed a suit that sought to compel the governor to present the 2024 budget to the Martin Amaewhule-led assembly.
The suit, identified as PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, with the Government of Rivers State, the governor, and the Attorney General of the state named as defendants.
The plaintiffs had sought to force the governor to present the 2024 budget to the 27 lawmakers led by Amaewhule for passage into law. After considering the arguments from both sides, Judge Aprioku ruled that Governor Fubara could conduct business with the lawmakers who have not vacated their seats.
In his judgment, Aprioku noted, “Just as former Governor Ezenwo Nyesom Wike presented budgets and financial bills with only six members when the assembly’s numbers were fewer than two-thirds of the 32-member House, Governor Fubara is constitutionally permitted to engage with the properly constituted House of Assembly led by Oko-Jumbo.”
The court further stated that the governor is permitted to proceed with state business, including presenting the current budget, appointing chief judges, presidents of customary courts, screening commissioners, and making board appointments, until the 27 lawmakers who defected and lost their seats either seek redemption through the court or until the Independent National Electoral Commission (INEC) conducts elections for the vacated seats.
The suit filed by the plaintiffs, seeking declaratory and injunctive reliefs for the representation of the 2024 budget to the 27 defected lawmakers, was dismissed for lack of merit. The court awarded N500,000 in costs in favor of the defendants and against the claimant.
