By Juliet Awilo
The Rivers State High Court in Port Harcourt has affirmed that Governor Siminialayi Fubara can lawfully engage in state business with the three remaining lawmakers in the State House of Assembly. This decision echoes the precedent set by former Governor Ezenwo Nyesom Wike, who conducted legislative affairs with with six state assembly members
The ruling, delivered by Justice Sika Aprioku on December 20, dismissed a lawsuit filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners. The lawsuit sought to compel Governor Fubara to re-present the proposed N800 billion 2024 state budget to 27 lawmakers allegedly ousted from their seats.
The legal challenge arose after a faction of lawmakers, led by Martins Amaewhule, contested their removal and demanded inclusion in the budgetary process. The plaintiffs argued that all assembly members should participate in fiscal deliberations.
Justice Aprioku, however, ruled that there is no legal obligation for the governor to involve the 27 lawmakers, who were deemed to have vacated their seats due to defection. The court underscored that Governor Fubara is constitutionally permitted to conduct state business with the remaining three legislators.
In his judgment, Justice Aprioku stated, “The governor cannot engage with those who have defected and thereby lost their seats. In alignment with past practices under former Governor Wike, Governor Fubara is entitled to interact with a properly constituted assembly.”
He further clarified that until the Supreme Court resolves the jurisdictional status of the 27 lawmakers, the governor is only required to present budgets and make key appointments with the non-defecting members.
The court dismissed the claimant’s request for injunctive relief, ruling that it lacked merit. The judgment concluded with an order for the claimants to pay N500,000 in legal costs to the defendants.
