Court Clears Governor Fubara to Work with Lawmakers Amid Budget Representation Dispute
By Abdulmajeed Abdullateef
A Rivers State High Court in Port Harcourt has ruled that Governor Siminalayi Fubara can legally conduct state affairs with lawmakers who have not vacated their seats in the State House of Assembly.
This decision comes after a lawsuit aimed at compelling the governor to re-present the state’s N800 billion 2024 budget was dismissed.
The case, filed by the Association of Legislative Drafting and Advocacy Practitioners, sought to mandate Governor Fubara to engage the 27 aggrieved lawmakers led by Martins Amaewhule, who had earlier defected.
Justice Sika Aprioku, presiding over the matter, dismissed the case on December 20, citing constitutional provisions.
In his judgment, Justice Aprioku emphasized that lawmakers who defected from their political parties automatically forfeited their seats, leaving only those who retained their positions eligible to work with the governor.
He noted:
“The Governor cannot transact business with those who defected and, by that act, vacated their seats.
Until the Supreme Court provides clarity on the jurisdictional issues surrounding these lawmakers, the governor remains constitutionally guided to engage only with the validly constituted House of Assembly.”
The judge further clarified that the lawsuit, which sought to restore the participation of the defected lawmakers, lacked merit and awarded N500,000 in costs against the claimants.
This ruling allows Governor Fubara to proceed with presenting the 2024 budget, appointing officials, and performing other executive duties with the lawmakers who remain in the Assembly.
It also reinforces the constitutional directive that only valid members of the legislature can partake in state business.
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