The Rivers State High Court has upheld Governor Siminalayi Fubara's constitutional authority to transact state business with the three remaining lawmakers who have not vacated their seats in the State House of Assembly.
The landmark ruling was delivered by Justice Sika Aprioku on December 20.
The decision came in response to a suit filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners.
The suit, marked PHC/3552/CS/2024, sought to compel Governor Fubara to represent the 2024 budget to the assembly led by Martin Amaewhule, comprising 27 defected lawmakers.
The defendants in the case included the Government of Rivers State, Governor Fubara, and the Attorney General of Rivers State.
Justice Aprioku dismissed the suit, asserting that Governor Fubara is constitutionally empowered to engage with the three lawmakers who remain in their positions.
The court emphasized that the defected lawmakers had automatically vacated their seats upon defection and could no longer be considered part of the assembly.
Citing precedent, Justice Aprioku referenced former Governor Nyesom Wike, who conducted legislative business with fewer than two-thirds of the assembly members during his tenure.
The ruling clarified that Governor Fubara could constitutionally transact with the Oko-Jumbo-led assembly until the 27 defected lawmakers either seek legal redress or the Independent National Electoral Commission (INEC) conducts new elections for their vacated seats.
The court stated, “Until the Supreme Court gives its verdict on the issue of jurisdiction affecting the status of the 27 lawmakers, the governor can only approach those who did not vacate their seats to present the budget, appoint chief judges and presidents of customary courts, screen commissioners, and make board appointments.”
Justice Aprioku dismissed the claims of the plaintiffs, describing them as lacking merit.
The court also awarded costs of ₦500,000 against the claimants in favour of the defendants.
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