The Rivers State High Court, presided over by Justice Sika Aprioku, has affirmed that Governor Siminialayi Fubara has the constitutional right to transact state business exclusively with lawmakers who have not vacated their seats in the State House of Assembly.
The court, on December 20, dismissed a suit seeking to compel Governor Fubara to re-present the N800 billion 2024 budget to 27 aggrieved lawmakers who allegedly lost their seats due to defection. The case, 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, the Governor, and the Attorney General.
The claimants contended that the Governor was obligated to re-present the 2024 Appropriation Bill to the faction led by Martins Amaewhule for legislative approval. However, in delivering his judgment, Justice Aprioku dismissed the claim, stating that the Governor could only engage with members of the Assembly who retain their seats.
The judgment emphasized the precedent set during former Governor Nyesom Wike’s administration, where legislative and financial matters were conducted with less than two-thirds of the Assembly’s members. Justice Aprioku ruled that until the Supreme Court decides on the jurisdictional dispute affecting the 27 defecting lawmakers or the Independent National Electoral Commission (INEC) conducts elections for their vacated seats, Governor Fubara is constitutionally bound to transact business with the remaining legitimate lawmakers.
“The Governor cannot carry on business with those who defected and, by that act of defection, lost their seats,” the court held.
The judgment further noted that the Governor is authorized to engage with the properly constituted Assembly led by Oko-Jumbo for key state functions, including budget presentations, judicial appointments, and commissioner screenings.
The suit filed by the Association of Legislative Drafting and Advocacy Practitioners was dismissed on grounds of lacking merit. The court also awarded a cost of N500,000 in favor of the defendants against the claimants.
This ruling underscores the legal and constitutional framework guiding governance in Rivers State, especially concerning the legitimacy of lawmakers and the conduct of state affairs.
Comments