Court Rules Fubara Can Conduct State Affairs With Three Lawmakers

Port Harcourt, Rivers State – The Rivers State High Court has ruled that Governor Siminialayi Fubara is legally entitled to transact state business with the remaining lawmakers in the Rivers State House of Assembly who have not vacated their seats.

Delivering judgment on December 20, Justice Sika Aprioku dismissed a lawsuit seeking to compel Governor Fubara to resubmit the state’s N800 billion 2024 budget to 27 aggrieved lawmakers led by Martins Amaewhule.

The legislators had vacated their seats following political disagreements.

The suit, marked PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners.

The plaintiffs sought to mandate the governor and the Attorney General of Rivers State to resubmit the budget for deliberation by the aggrieved lawmakers.

Justice Aprioku ruled that the governor retains the authority to transact legislative matters with the lawmakers who remain in office, effectively dismissing the plaintiffs’ request.

The decision comes amid heightened political tensions in Rivers State, with critics arguing that the exclusion of the 27 lawmakers could undermine the democratic process.

However, the court maintained that the state’s governance must proceed within the legal framework.

The claimants in the lawsuit challenged why the defendants had not re-submitted the 2024 Rivers State Appropriation Bill to the State House of Assembly, led by Amaewhule, for proper enactment into law.

In his judgment, Justice Aprioku, after reviewing the arguments from both sides, ruled that the Governor is authorized to conduct business with assembly members who have not vacated their seats.

The judgment read, “The Governor cannot carry on business with those who defected and lost their seats by that act of defection.

“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.”