A Port Harcourt Division of the Rivers State High Court has ruled that Governor Siminalayi Fubara is legally empowered to engage in official transactions with the lawmakers who have not vacated their seats in the state House of Assembly.
The judgment, delivered on December 20, 2024, saw the presiding judge, Sika Aprioku, dismiss a suit that sought to compel the governor to present the 2024 budget to the 27 lawmakers led by Martin Amaewhule. The case, marked PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, with the Government of Rivers State, Governor Fubara, and the state Attorney General as defendants. The plaintiffs argued that the governor should engage with the Amaewhule-led assembly for the passage of the 2024 budget.
However, the court ruled that Governor Fubara could constitutionally interact only with the lawmakers who did not vacate their seats. The judge referenced the precedent set by former Governor Nyesom Wike, who similarly presented budgets and other financial bills to a reduced House of Assembly when the number of legislators fell below the two-thirds majority required for certain legislative functions.
Judge Aprioku explained that until the Supreme Court rules on the status of the 27 defected lawmakers, only those who retained their seats could legally participate in state business. This included the governor’s right to present the budget, appoint Chief Judges, screen Commissioners, and make other state appointments.
The court dismissed the claimant’s suit as lacking merit, stating that the governor was not obligated to engage the defected lawmakers who had automatically vacated their seats. The suit was dismissed with costs of N500,000 awarded to the defendants.
