Justice Aprioku has validated Governor Fubara’s 2025 budget presentation to 3 Lawmakers in Rivers State.
NewsOnline Nigeria reports that the Rivers State High Court has ruled that Governor Siminalayi Fubara can legally work with the three lawmakers who have not vacated their seats in the state assembly.
This judgment was delivered on December 20 by Justice Sika Aprioku, who dismissed a case filed against the governor and the state government.
The suit, filed by the Association of Legislative Drafting and Advocacy Practitioners, sought to compel the governor to present the 2024 budget to the assembly members led by Martin Amaewhule.
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These 27 lawmakers had lost their seats after defecting to other political parties.
Justice Aprioku ruled that Governor Fubara is within his rights to transact business with the remaining lawmakers, including presenting the budget and making key state appointments.
The judge referenced similar instances in the past when governance continued with fewer assembly members.
The court also clarified that the vacated seats could only be addressed if the lawmakers challenged their status in court or if elections were held to fill those positions.
The court declared the group’s request invalid and dismissed the suit. Additionally, a fine of N500,000 was imposed on the claimant in favor of the defendants.
“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, approaches 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 the 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.”
