A high court sitting in Port Harcourt, Rivers State, Nigeria, has ruled that Siminalayi Fubara, Rivers state governor, can conduct official business with three lawmakers at the state house of assembly who have not vacated their seats.
The suit had sought to compel Governor Fubara to re-submit the 2024 budget to the faction of the state assembly led by Martins Amaewhule.
The claimants had questioned the failure of the defendants to re-present the 2024 budget to the state house of assembly, arguing that it was necessary for the proper functioning of the state government.
At the hearing of the matter on November 12, 2024, counsel to the defendants, Lawrence Oko-Jaja, tendered documents to the court citing a precedent where the Rivers state House of Assembly, with only six members, transacted business with Nyesom Wike, former governor of the state, between December 2015 and February 2017.
Oko-Jaja told the court that between 2015 and 2017, the six members of the Rivers state house of assembly confirmed appointments and also passed the 2017 appropriation bill into law on December 28, 2016, a number far less than the 24 members that ought to form a quorum.
In a judgement delivered on December 20, 2024, justice Sika Aprioku, the presiding judge, agreeing with the submissions of the defence counsel, dismissed the lawsuit brought by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners.
“Therefore, the same way his excellency Ezenwo Nyesom Wike, presented Budgets and financial Bills with only six members when the numbers were less than two third 2/3 of the 32 Members, so shall his excellency, Siminalayi Fubara, the governor of Rivers state be constitutionally guided to interface, and approach the properly constituted house of assembly led by Oko-Jumbo, to carry on the business of the state and until the 27 lawmakers who defected and lost their seats, approaches the court, for a redemption or INEC conducts another election to the seats vacated by the 27 lawmakers upon their defection.
“In sum, until the supreme court gives its verdict on the issue of jurisdiction which affects the status of the 27 lawmakers, it is only those who did not vacate their seats, the governor can constitutionally approach to the present budget, appoint chief judges and president, customary court; also screen commissioners, including the attorney general and make board appointments.
“That the claimant’s claim seeking declaratory and injunctive reliefs for the representation of the 2024 budget to the former 27 lawmakers, who defected and automatically vacated their seats, lacks merit and is accordingly dismissed.
“That this suit be and is hereby dismissed, with cost in the sum of N500,000.00, awarded in favour of the defendants and against the claimant,” the court held.