Court Rules Fubara Can Conduct Business With Three Lawmakers

A court ruling permits Rivers State Governor Fubara to transact official business with three lawmakers amidst ongoing political tensions.

A division of the Rivers State High Court in Port Harcourt has ruled that Governor Siminalayi Fubara is legally authorized to conduct business with the three lawmakers who have not yet vacated their seats in the State House of Assembly.

This was included in a court ruling issued on December 20th, where the presiding judge, Sika Aprioku, rejected a lawsuit that aimed to force the governor to resubmit the 2024 budget to the 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. The defendants in this case were named as the Government of Rivers State, along with both its governor and Attorney General. The lawsuit aimed to mandate that the governor present a revised 2024 budget before Amaewhule’s group of 27 lawmakers for legislative approval.

After reviewing the arguments presented by various counsels, Judge Sika Aprioku decided that Governor Fubara could conduct business with those members who had not vacated their seats.

Similarly, just as His Excellency Ezenwo Nyesom Wike presented budgets and financial bills with only six members—less than the required two-thirds of the 32-member assembly—His Excellency Siminalayi Fubara, Governor of Rivers State, should be constitutionally guided to engage with and approach a properly constituted House of Assembly led by Oko-Jumbo. This will enable him to conduct state business until either the 27 lawmakers who defected and lost their seats seek redress in court or INEC conducts new elections for those vacated positions due to defection.

In conclusion, until the Supreme Court delivers its ruling on jurisdictional matters impacting the status of the 27 lawmakers, only those who have not vacated their seats can be constitutionally approached by the Governor for presenting budgets, appointing Chief Judges and Presidents of Customary Courts. They are also responsible for screening Commissioners—including the Attorney General—and making Board appointments.

The claimant’s request for declaratory and injunctive relief regarding the Representation of the 2024 Budget to the former 27 lawmakers, who defected and thereby automatically vacated their seats, is deemed without merit and thus dismissed. This case is hereby dismissed with costs amounting to N500,000.00 awarded in favor of the defendants against the claimant.