A Rivers State High Court in Port Harcourt has affirmed that Governor Siminialayi Fubara can legally transact business with the lawmakers who did not vacate their seats in the State House of Assembly.
On December 20, the court dismissed a suit aimed at compelling the governor to re-present the N800 billion 2024 budget to 27 aggrieved lawmakers, led by Martins Amaewhule, who were deemed to have lost their seats following defection.
The suit, marked PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners against the Rivers State Government, Governor Fubara, and the state’s Attorney General.
The claimants argued that the governor’s refusal to re-present the 2024 budget to the Amaewhule-led group was improper.
However, Justice Sika Aprioku ruled that the governor could only transact state business with lawmakers who retained their seats.
In his judgment, Justice Aprioku declared, “The Governor cannot carry on business with those who defected and by that act of defection, lost their seats. 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.”
The judgment also noted that the 27 defected lawmakers could only reclaim their seats through a Supreme Court ruling or fresh elections conducted by INEC.
Justice Aprioku further declared that the claimants’ demands for the budget re-presentation lacked merit, dismissing the suit and awarding costs of ₦500,000 in favor of the defendants.
This decision reinforces Governor Fubara’s authority to work with the remaining lawmakers, enabling him to present budgets, make appointments, and carry out other state functions without interference from the defectors.
