A Rivers State High Court in Port Harcourt has dismissed a lawsuit seeking to compel Governor Siminialayi Fubara to re-present the proposed N800 billion 2024 state budget to 27 aggrieved lawmakers.
The ruling, delivered by Justice Sika Aprioku on December 20, affirmed the governor’s authority to conduct legislative business with the three remaining members of the State House of Assembly who have not vacated their seats.
The lawsuit, filed under suit number PHC/3552/CS/2024 by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, sought declaratory and injunctive reliefs against the governor’s decision to proceed with the budget process despite the absence of the 27 lawmakers, led by Martins Amaewhule, who allegedly lost their seats after defection.
The claimants argued that all 32 members of the assembly must be involved in approving the budget, challenging the legality of the governor’s engagement with only three legislators.
Justice Aprioku ruled that the 27 lawmakers who defected had automatically vacated their seats and that the governor was within his constitutional rights to work with the remaining members.
Drawing parallels with previous instances under former Governor Ezenwo Nyesom Wike, Justice Aprioku emphasized the legitimacy of conducting state business with a reduced assembly.
“The governor cannot carry on business with those who defected and lost their seats by that act of defection,” the judgment read.
The court further noted that until the Supreme Court delivers its verdict on the jurisdictional issues surrounding the lawmakers’ status or the Independent National Electoral Commission (INEC) conducts fresh elections to fill the vacated seats, the three legislators remain the valid representatives for legislative processes.
The court dismissed the plaintiffs’ claims, describing them as lacking merit. Additionally, a cost of ₦500,000 was awarded against the claimants and in favour of the defendants.
Justice Aprioku stated, “The claimant’s claim seeking declaratory and injunctive reliefs for the re-presentation of the 2024 budget to the former 27 lawmakers, who defected and automatically vacated their seats, lacks merit and is accordingly dismissed.”
This ruling reinforces Governor Fubara’s authority to proceed with legislative matters despite the ongoing dispute and sets a precedent for handling similar cases involving legislative defections.
The judgment highlights the legal framework governing state governance in the absence of a full legislative assembly.