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.
On December 20, 2024, the presiding judge, Sika Aprioku, dismissed a suit that sought to compel the governor of Rivers State to present the 2024 budget to the Martin Amaewhule-led House of Assembly for passage. The suit, PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners. It named the Government of Rivers State, the governor, and the Attorney General of the state as defendants.
The claimant argued that the governor should present the 2024 budget to the assembly for passage. However, after reviewing the arguments from the involved parties, Judge Aprioku ruled that the governor was constitutionally allowed to engage with the members of the assembly who had not vacated their seats.
The ruling referred to a precedent set by the former governor, Ezenwo Nyesom Wike, who had presented budgets with fewer than the constitutionally required two-thirds majority in the assembly due to vacant seats.
The judge noted that the defected lawmakers, who had lost their seats, must either approach the court for a resolution or await an election to fill the vacated seats, as per the ruling on the defection issue. The governor could, however, engage with the remaining members of the assembly to carry out the state's business, including budget presentation, appointments, and other functions.
Ultimately, the court dismissed the claimant’s case, ruling that the governor was constitutionally allowed to proceed with business involving the lawmakers who had not defected. The court awarded costs of N500,000 to the defendants.