PORT HARCOURT – A Rivers State High Court sitting in Port Harcourt has ruled that Governor Siminialayi Fubara has the legal authority to transact business with lawmakers who retained their seats in the State House of Assembly.
The judgment, delivered on December 20 by Justice Sika Aprioku, dismissed a suit filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners. The suit sought to compel the governor to re-present the N800 billion 2024 budget to the 27 aggrieved lawmakers led by Martins Amaewhule, who had vacated their seats following defection.
The claimants argued that the state government’s failure to re-present the 2024 Appropriation Bill for enactment violated legislative procedure. However, Justice Aprioku upheld the governor’s actions, stating that he could only transact business with lawmakers who had not vacated their seats due to defection.
In the judgment, sighted by Hobnob News, Justice Aprioku stated, “The Governor cannot conduct business with those who defected and, by that act, lost their seats. Until the Supreme Court rules on the jurisdiction affecting the status of the 27 lawmakers, or INEC conducts elections to fill their vacated seats, the Governor can constitutionally proceed with the properly constituted House of Assembly led by Oko-Jumbo.”
The judgment further noted that Governor Fubara is constitutionally guided to interact with eligible lawmakers for presenting budgets, appointing Chief Judges, screening commissioners, and making board appointments.
The court dismissed the suit for lack of merit, awarding costs of ₦500,000 in favor of the defendants. The ruling underscores the legal limitations of defected lawmakers and reaffirms the governor’s authority to conduct state business with a properly constituted legislative assembly.
