A Port Harcourt division of the Rivers state high court has ruled that the state governor, Siminalayi Fubara is legally empowered to transact business with the three lawmakers who have not vacated their seats in the state house of assembly.
This was contained in a court decision given on the 20th of December during which presiding judge, Sika Aprioku dismissed a suit seeking to compel the governor to represent the 2024 budget to the Martin Amaewhule-led assembly.
The said suit marked PHC/3552/CS/2024 was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners and had the Government of Rivers State, the governor of Rivers State and the Attorney General of the state as defendants. It sought to compel the governor to represent the 2024 budget to the 27 lawmakers led by Amaewhule for passage into law.
After considering the arguments from the different counsels, presiding judge, Sika Aprioku ruled that Governor Fubara could transact business with the members who did not vacate 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 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 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 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.”
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