A Rivers State High Court in Port Harcourt has ruled that Governor Siminialayi Fubara can legally conduct government business with the remaining members of the State House of Assembly who did not vacate their seats. The court’s decision, delivered on December 20, dismissed a lawsuit seeking to compel the governor to re-present the state’s 2024 budget to 27 aggrieved lawmakers who had defected from their political party.
The lawsuit, filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, named the Rivers State Government, Governor Siminialayi Fubara, and the state’s Attorney General as defendants. The claimants argued that the governor’s failure to re-present the N800 billion 2024 budget to the 27 lawmakers led by Martins Amaewhule violated legislative procedures. They asked the court to compel the governor to seek approval from the defected legislators for the budget.
In his ruling, Justice Sika Aprioku clarified that lawmakers who defected to other political parties had automatically vacated their seats and, therefore, no longer had the constitutional authority to engage in legislative activities. “The Governor cannot carry on business with those who defected and, by that act of defection, lost their seats,” Justice Aprioku stated.
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The judge further upheld Governor Fubara’s right to transact business with the remaining lawmakers who retained their seats. Drawing a parallel to a previous administration, Justice Aprioku noted, “The same way His Excellency Ezenwo Nyesom Wike presented budgets and financial bills with only six members when the numbers were less than two-thirds of the 32 members, so shall His Excellency Siminialayi Fubara be constitutionally guided to interface with the properly constituted House of Assembly.”
The court highlighted that until the Supreme Court issues a ruling on the status of the defected lawmakers or the Independent National Electoral Commission (INEC) conducts elections to fill the vacated seats, Governor Fubara can only work with the remaining legitimate lawmakers. This includes presenting budgets, appointing chief judges, and screening commissioners and board members.
Justice Aprioku dismissed the claimants’ case as lacking merit, ruling in favor of the defendants. The court also ordered the claimants to pay N500,000 in costs to the defendants.
The judgment has further clarified the legal landscape for governance in Rivers State amidst the political tension surrounding the defection of the 27 lawmakers. It underscores the constitutional implications of defection and the necessity of maintaining legislative integrity in state affairs.