Rivers Court affirms Gov Fubara’s authority to engage with three lawmakers

A Rivers State High Court in Port Harcourt has ruled that Governor Siminialayi Fubara has the legal authority to transact business with lawmakers who have not vacated their seats in the State House of Assembly.

The decision, delivered on December 20 by Justice Sika Aprioku, also dismissed a suit seeking to compel the governor to re-present the N800 billion 2024 state budget to 27 lawmakers led by Martins Amaewhule.

The suit, marked PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners. The claimants had argued that the governor’s failure to re-submit the 2024 Appropriation Bill to the Amaewhule-led faction of the assembly violated procedural requirements for enacting it into law.

In his judgment, Justice Aprioku concluded that the governor is within his rights to transact with assembly members who retain their seats, thereby upholding the legality of the budgetary process.

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.”