A Rivers State High Court sitting in Port Harcourt has ruled that the same way ex-Governor Ezenwo Nyesom Wike presented budgets and financial bills to only six members when the numbers were less than two thirds [2/3] of the 32 members, so shall Governor Siminalayi Fubara be constitutionally guided to interface and approach the properly constituted House of Assembly led by Oko-Jumbo, to carry on 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.
The court declared that the Fubara has the legal standing to transact businesses with the lawmakers that did not vacate their seats in the State House of Assembly
This was as the court, on December 20, dismissed the suit seeking to compel the governor to present the N800bn 2024 Budget of the state afresh to the aggrieved 27 lawmakers of the State House of Assembly led by Martins Amaewhule.
This followed a suit marked, PHC/3552/CS/2024 filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners against the Government of Rivers State, Governor of Rivers State and Attorney General of the state.
The suit, amongst other things, sought the court presided by Justice Sika Aprioku to compel the defendants to present the 2024 Budget anew to the 27 lawmakers.
The claimants in the suit questioned the failure of the defendants to present afresh the 2024 Appropriation Bill of Rivers State to the State House of Assembly led by Amaewhule for enactment into law.
However, Justice Aprioku in his judgement after considering the arguments of the parties in the matter said the governor can transact business with the members that did not vacate their seats.
The certified true copy of the judgment reads 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 [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 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.”
