A Rivers State High Court has upheld Governor Siminalayi Fubara’s authority to conduct official business with the three lawmakers who have not vacated their seats in the state House of Assembly.
The ruling, delivered on December 20 by Presiding Judge Sika Aprioku, dismissed a suit seeking to compel Fubara to present the 2024 state budget to the Martin Amaewhule-led assembly.
The case, marked PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners. The plaintiffs sought to require the governor to submit the budget for passage to the 27-member assembly, led by Amaewhule. The suit named the Government of Rivers State, Governor Fubara, and the Attorney General of the state as defendants.
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After hearing arguments from both parties, the court ruled that the governor is constitutionally allowed to engage only with the lawmakers who have not vacated their seats. Judge Aprioku referenced previous instances, including during the tenure of former Governor Nyesom Wike, where business was conducted with fewer than the full legislative numbers.
“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-thirds 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 the business of the state until the 27 lawmakers who defected and lost their seats approach the court for a redemption or the Independent National Electoral Commission (INEC) conducts another election to the seats vacated by the 27 lawmakers upon their defection,” the court said.
The ruling also clarified that as long as the status of the 27 defecting lawmakers remains in question—pending the outcome of the ongoing case concerning their seats—the governor can work with the current assembly members who have retained their positions. This includes presenting the state budget, making board appointments, and screening nominees for executive positions.
The court concluded that the suit brought by the claimant lacked merit and dismissed the application. The plaintiffs were also ordered to pay N500,000 in costs to the defendants.
“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 that the governor can constitutionally approach with the present budget, appoint chief judges and presidents of customary courts, 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.”
The suit was dismissed, with costs in the sum of N500,000 awarded in favour of the defendants and against the claimant.
