A Port Harcourt division of the Rivers State High Court has ruled that Governor Siminalayi Fubara is legally authorized to engage in business with the three lawmakers who have not vacated their seats in the State House of Assembly.
The decision, issued on December 20, saw presiding judge Sika Aprioku dismissing a suit that sought to compel the Governor to present the 2024 budget to the Martin Amaewhule-led assembly.
The suit, marked PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, with the Rivers State Government, the Governor, and the Attorney General as defendants.
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The plaintiffs sought to have the court mandate the Governor to present the 2024 budget to the 27 lawmakers led by Amaewhule for passage.
After considering arguments from the respective counsels, Justice Aprioku ruled that Governor Fubara is entitled to conduct business with the lawmakers who have not vacated 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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