A Rivers State High Court sitting in Port Harcourt has ruled that the Governor of Rivers State, Siminialayi Fubara, has the legal right to conduct business with lawmakers who have not vacated their seats in the State House of Assembly.
The ruling came on December 20, as the court dismissed a suit aimed at compelling the Governor to present the state’s N800 billion 2024 Budget to the 27 aggrieved lawmakers of the State House of Assembly, led by Martins Amaewhule.
The case, marked PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners against the Rivers State Government, the Governor, and the Attorney General.
The suit sought to have the court order the defendants to present the 2024 Budget to the 27 lawmakers for approval.
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The claimants questioned the defendants’ failure to re-present the 2024 Appropriation Bill to the House of Assembly led by Amaewhule for passage into law.
However, Justice Sika Aprioku, after reviewing the arguments of both parties, ruled that the Governor is entitled to engage with the lawmakers who have not vacated their seats.
The certified true copy of the judgment, sighted by Vanguard read in part: “The Governor cannot carry on business with those who defected and by that act of defection, lost their seats.
“Therefore, the same way His Excellency Ezenwo Nyesom Wike, presented Budgets and financial Bills with only Six members, when the numbers were less than two third 2/3 of the 32 Members, so shall His Excellency, Siminalayi Fubara, the Governor of Rivers State be constitutionally guided to interface, and approach the properly constituted House of Assembly led by Oko-Jumbo, to carry on business of the State and until the 27 Lawmakers who defected and lost their seats, approaches the Court, for a redemption or INEC conducts another election to the seats vacated by the 27 Lawmakers upon their defection.
“In sum, until the Supreme Court gives its verdict on the issue of jurisdiction which affects the status of the 27 Lawmakers, it is only those who did not vacate their seats, the Governor can, constitutionally approach to present budget, appoint Chief Judges and President Customary Court. Also screen Commissioners, including the Attorney General and make Board appointments.
“That the claimant’s claim seeking declaratory and injunctive reliefs for the Representation of the 2024 Budget to the former 27 lawmakers, who defected and automatically vacated their seats, lacks merit and is accordingly dismissed.
“That this suit be and is hereby dismissed, with cost in the sum of N500, 000.00, awarded in favour of the defendants and against the claimant.”
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