The Rivers State High Court has issued a judgment affirming Governor Siminalayi Fubara’s legal capacity to conduct official affairs with the three lawmakers who have not been legally removed from their positions in the state house of assembly.
This ruling was included in a court decision issued on December 20th. In this decision, presiding Judge Sika Aprioku dismissed a lawsuit that sought to compel Governor Fubara to present the 2024 budget to the state assembly led by Martin Amaewhule.
The suit, identified as PHC/3552/CS/2024, was initiated by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners. They named the Rivers State Government, the Rivers State Governor, and the state’s Attorney General as defendants. The suit aimed to compel the governor to present the 2024 budget to the 27 lawmakers led by Martin Amaewhule for passage into law.
Following consideration of the arguments presented by all legal counsel, Judge Aprioku ruled that Governor Fubara was legally permitted to conduct official business with the lawmakers who had not relinquished 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 the 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,” the court said.
“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 the 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.”
