By Abiola Olawale
Governor Siminalayi Fubara of Rivers State has been legally permitted to conduct state business with three lawmakers from the Rivers State House of Assembly.
This decision stems from a ruling by the Rivers State High Court sitting in Port Harcourt, which dismissed a suit seeking to compel Fubara to re-present the 2024 budget to the 27 lawmakers led by Speaker Martins Amaewhule-led factional House.
The court’s judgment, delivered by Justice S.M. Aprioku, emphasized that the governor could transact business with the members who did not vacate their seats following defections from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The judge gave this ruling in a suit marked PHC/3552/CS/2024 and filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners. The suit sought to compel the governor to represent the 2024 budget to the 27 lawmakers led by Amaewhule for passage into law.
The judge held that the ruling is based on the constitutional interpretation that defected lawmakers automatically lose their seats.
Justice Aprioku also held that until the Supreme Court provides a final verdict on the jurisdiction concerning these lawmakers, Fubara is allowed to work with the remaining members who did not defect.
The judge held: “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.”
“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.”
The New Diplomat reports that the polarization of the Rivers State House of Assembly has been characterized by significant political shifts and conflicts.
It comes amid the ongoing battle between Fubara and his predecessor, the incumbent Minister of the Federal Capital Territory (FCT), Nyesom Wike.
Also, one of the key events contributing to polarization was the purported defection of 27 lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) under the leadership of Martin Amaewhule in December 2023.
This move fractured the assembly, creating two distinct factions. One faction is believed to be loyal to Fubara, while the other, led by Amaewhule, is believed to be in alignment with Wike.
Since then, Fubara has presented two state budgets before the faction believed to be loyal to him
