Court rules Fubara can conduct official business with three Rivers lawmakers

January 6, 2025 3:57 pm

A gavel

A high court in Port Harcourt has ruled that Siminalayi Fubara, Rivers state governor, can conduct official business with three lawmakers at the state house of assembly who have not vacated their seats.

In a judgement delivered on December 20, 2024, Sika Aprioku, the presiding judge, dismissed a lawsuit brought by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners.

The suit sought to compel Governor Fubara to re-submit the 2024 budget to the faction of the state assembly led by Martins Amaewhule.

The claimants had questioned the failure of the defendants to re-present the 2024 budget to the state house of assembly, arguing that it was necessary for the proper functioning of the state government.

During the hearing of the matter on November 12, 2024, counsel to the defendants, Lawrence Oko-Jaja, tendered documents to the court citing a precedent where the Rivers state house of assembly, with only six members, transacted business with Nyesom Wike, former governor of the state, between December 2015 and February 2017.

Oko-Jaja told the court that between 2015 and 2017, the six members of the Rivers state house of assembly confirmed appointments and also passed the 2017 appropriation bill into law on December 28, 2016, a number far less than the 24 members that ought to form a quorum.

In his ruling, the judge agreed with the submissions of the defence counsel.

“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,” the court held.

“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.”

Meanwhile, Fubara signed the N1.18 trillion appropriation bill at the government house in Port Harcourt on Thursday.

In December 2023, Fubara presented the 2024 budget to five-member of the Edison Ehie-led Rivers house of assembly.

Since 2023, the Rivers assembly has been factionalised following the feud between Fubara and Wike, minister of the federal capital territory (FCT).

THE RIVERS BUDGET CRISIS

The pro-Wike lawmakers, who are the majority, are being led by Martin Amaewhule.

In October 2023, Ehie resigned as lawmaker to become chief of staff to the governor, as Oko-Jumbo took over as speaker to a four-member faction of the assembly.

In January, a federal high court in Abuja voided and set aside the presentation and passage of the state’s 2024 budget.

James Omotoso, the presiding judge, ordered Fubara to re-present the budget to the “legally” constituted house of assembly led by Amaewhule.

The Rivers governor refused to re-present the 2024 budget.

In another suit, the Amaewhule faction of the assembly sought an order of interlocutory injunction restraining the Central Bank of Nigeria (CBN), the commercial banks, and the attorney-general of federation (AGF) from honouring any financial instruction from Fubara.

In October, a federal high court in Abuja restrained the CBN from further disbursing financial allocations to the Rivers state government.

Joyce Abdulmalik, the presiding judge, had held that monies from the federation account should not be released to the state pending the passage of a lawful appropriation act by a “validly constituted” house of assembly.

The judge ruled that Fubara was wrong to have presented the state’s 2024 appropriation bill to a five-member assembly “that was not properly constituted”.

In December 2024, the court of appeal in Abuja set aside the judgment restraining the CBN from disbursing financial allocations to the Rivers state government.