Court Dismisses Motion to Force Gov Fubara to Re-Submit Budget to Pro-Wike Lawmakers

A Nigerian court has denied the request to compel Governor Fubara to re-present the Rivers State budget to lawmakers loyal to ex-Governor Wike, citing insufficient grounds.

The Rivers State High Court in Port Harcourt has rejected a lawsuit aiming to force Governor Siminialayi Fubara to re-present the 2024 budget to the 26 legislators, led by Speaker Martins Amaewhule, who are supporters of Nyesom Wike.

The Registered Trustees of the Association of Claimant in Legislative Drafting and Advocacy Practitioners initiated the case, listing the Rivers State Government, its governor, and the Attorney-General as defendants.

In a ruling issued on December 20, 2024, Justice S.M. Aprioku determined that the lawsuit was premature and highlighted that legal disputes concerning the legitimacy of 27 former lawmakers to enact legislation remain unresolved in several courts.

He stressed that the current situation should stay unchanged until these issues are definitively resolved.

Justice Aprioku declared that the claimant’s request for declarative and injunctive reliefs to re-present the 2024 budget to the former 27 lawmakers, who defected and thereby automatically vacated their seats, lacks merit and is therefore dismissed.

The court additionally ordered the claimant to pay a penalty of N500,000 to the defendants.

In a comprehensive 33-page judgment, the judge explained that Section 109(1)(G) of the Constitution is self-executing. This means that legislators who switch parties without valid justification automatically forfeit their seats. He also noted that court intervention is not necessary for these vacancies to become effective under the Constitution.

Justice Aprioku clarified that if an individual switches from the party that supported their election to a different one, without any split occurring within the original party, they automatically forfeit their seat.

The ruling emphasized that the budget was introduced and enacted into law on December 14, 2023, following the lawmakers’ defection on December 11, 2023. The court determined that the claimants did not challenge the defendants’ affidavits outlining both the lawmakers’ defection and how this information was hidden during previous proceedings.

The judge decided that Governor Fubara could only engage in business with lawmakers who retained their positions. He stated, “The governor cannot conduct business with those who have defected and consequently lost their seats due to this defection.”

He referred to precedents set during Governor Ezenwo Nyesom Wike’s administration, noting that budget presentations and financial bills could still be conducted even if legislative membership was below the constitutional threshold.

Justice Aprioku determined that the lawsuit was filed too early because the Supreme Court needs to first address jurisdictional questions about the status of the 27 defected lawmakers. Until a decision is made, only those legislators who have retained their seats are permitted to participate in legislative activities with the governor.

The lawsuit was dismissed, and the court reiterated its previous directive for the claimant to pay N500,000 to the defendants.