Rivers: Wike’s camp loses again as court ruls in favour of Fubara, 3 lawmakers

A Rivers State High Court sitting in Port Harcourt has ruled that Governor Siminialayi Fubara is legally permitted to transact state business with members of the Rivers State House of Assembly who have not vacated their seats.

The judgment, delivered on December 20 by Justice Sika Aprioku, dismissed a suit seeking to compel the governor to re-present the 2024 budget to 27 aggrieved lawmakers led by Martins Amaewhule.

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, the governor, and the attorney general. The claimants argued that the governor’s failure to re-present the N800 billion 2024 Appropriation Bill to the faction led by Amaewhule for enactment into law was improper.

However, Justice Aprioku ruled that the governor is only authorized to conduct business with lawmakers who did not vacate their seats due to defection.

The certified true copy of the judgment, obtained by Vanguard, read in part:

“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 to carry on the business of the state.”

The judge noted that the 27 lawmakers who defected automatically vacated their seats. Until they seek legal redress or the Independent National Electoral Commission (INEC) conducts fresh elections to fill the vacant seats, Governor Fubara is constitutionally required to work with the remaining legislators.

The judgment further stated: “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 that the governor can constitutionally approach to present budgets, appoint chief judges and presidents of customary courts, screen commissioners, including the attorney general, and make board appointments.”

Justice Aprioku dismissed the claimants’ request for declaratory and injunctive reliefs, describing it as lacking merit.

The court awarded a cost of N500,000 against the claimants in favor of the defendants.