High Court rules Fubara can govern Rivers with 3 PDP legislators, dismisses suit, awards N500k costs against plaintiffs
By Jeph Ajobaju, Chief Copy Editor
Rivers Governor Siminalayi Fubara has authority to conduct official business with the three Peoples Democratic Party (PDP) lawmakers who have not vacated their seats in the House of Assembly, a state High Court has ruled.
Judge Sika Aprioku dismissed the suit seeking to compel Fubara to present the 2024 state budget to the assembly faction led by Martin Amaewhule.
The case was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners who sought to require Fubara to submit the budget for passage to the 27-member assembly led by Amaewhule.
The suit named Fubara and state Attorney General as defendants.
After hearing arguments from both parties, the court ruled that the Governor is constitutionally allowed to engage only with the lawmakers who have not vacated their seats.
Aprioku referenced previous instances, including under former Governor Nyesom Wike, where business was conducted with fewer than the full legislative numbers.
“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, approach the court, for a redemption or INEC conducts another election to the seats vacated by the 27 lawmakers upon their defection,” the court said.
The ruling explained that as long as the status of the 27 defecting lawmakers remains in question – pending the outcome of the ongoing court case over their seats – the governor can work with the current assembly members who have retained their positions.
This includes presenting the state budget, making board appointments, and screening nominees for executive positions.
The court also ruled that the suit lacked merit, dismissed the application, and ordered the plaintiffs to pay N500,000 in costs to the defendants.
“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 eepresentation 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 claimants.”
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