Court Rules Fubara Can Work with Three Lawmakers

The Rivers State High Court has ruled in favor of Governor Siminalayi Fubara, affirming that he is legally empowered to conduct business with the three lawmakers who have not vacated their seats in the state house of assembly. This decision came after a legal challenge was dismissed on December 20th.

The case, marked PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners. The suit sought to compel the governor to present the 2024 budget to the 27 lawmakers, led by Martin Amaewhule, for passage into law. However, the court ruled against the claim, stating that Governor Fubara could only transact with the lawmakers who remained in their positions.

Presiding Judge Sika Aprioku, in her judgment, dismissed the suit, stating that Governor Fubara could work with the remaining lawmakers who did not vacate their seats due to defection. Judge Aprioku cited a precedent set by former Governor Ezenwo Nyesom Wike, who had similarly presented budgets to a house with less than two-thirds of its members in attendance.

“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-thirds 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,” the court stated.

The court further ruled that the Governor could continue conducting state business, including the presentation of the 2024 budget, appointments of the chief judge, president of the customary court, commissioners, and board members, with the remaining lawmakers. However, the court also stated that the status of the 27 lawmakers who defected and vacated their seats remains under consideration by the Supreme Court. Until then, Governor Fubara can only approach the lawmakers who retained their seats.

The court also awarded a cost of N500,000 in favor of the defendants, which include the government of Rivers State, Governor Fubara, and the Attorney General.

This ruling provides clarity on the ongoing political situation in Rivers State and ensures that Governor Fubara can move forward with the business of the state while awaiting further developments regarding the 27 lawmakers who defected.