A ruling from the Port Harcourt division of the Rivers State High Court has determined that Governor Siminalayi Fubara is authorized to engage with three lawmakers who have not vacated their seats in the state assembly.
This decision was made on December 20 by presiding judge Sika Aprioku, who dismissed a suit that aimed to compel the governor to present the 2024 budget to the assembly led by Martin Amaewhule.
The lawsuit, marked PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, naming the Government of Rivers State, the governor, and the Attorney General as defendants.
It sought to compel the governor to submit the 2024 budget for approval by the 27 lawmakers led by Amaewhule.
After reviewing the arguments from various counsels, Judge Aprioku concluded that Governor Fubara is permitted to conduct business with the lawmakers who have not vacated their positions.
“Just as former Governor Ezenwo Nyesom Wike presented budgets and financial bills with only six members when the assembly’s numbers fell below two-thirds of the 32 members, Governor Siminalayi Fubara is constitutionally allowed to work with the properly constituted House of Assembly led by Oko-Jumbo until the 27 lawmakers who defected and lost their seats seek court intervention or until INEC holds new elections for those vacant seats.”
The judge stated that until the Supreme Court resolves the jurisdiction issue affecting the status of the 27 lawmakers, the governor can only approach those who have not vacated their seats for budget presentations, judicial appointments, and other official matters.
The court dismissed the claimant’s request for declaratory and injunctive relief regarding the budget representation to the former 27 lawmakers, finding it without merit.
The suit was dismissed with costs of N500,000 awarded to the defendants.
