Court rules Fubara can govern Rivers with three lawmakers

A Rivers State High Court has affirmed Governor Siminalayi Fubara’s authority to conduct official business with the three remaining lawmakers who have not vacated their seats in the state House of Assembly.

The ruling, delivered on December 20 by Justice Sika Aprioku, dismissed a lawsuit filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners.

The plaintiffs sought to compel Governor Fubara to present the 2024 state budget to the 27-member assembly, led by Speaker Martin Amaewhule, despite the majority of the lawmakers vacating their seats following defections.

The suit, marked PHC/3552/CS/2024, named the Government of Rivers State, Governor Fubara, and the Attorney General of the state as defendants.

Justice Aprioku ruled that the governor is constitutionally empowered to engage with the remaining lawmakers, citing precedent from the administration of former Governor Nyesom Wike, who conducted legislative business with fewer than the full complement of assembly members.

“The governor can constitutionally approach and conduct state business with the properly constituted House of Assembly led by Oko-Jumbo until the status of the 27 defecting lawmakers is resolved in court or by new elections,” the judge stated.

The court emphasized that as the seats of the 27 defecting lawmakers remain vacant pending legal resolution, Governor Fubara is within his rights to present the state budget, appoint board members, and screen nominees for executive positions with the three remaining legislators.

The court dismissed the plaintiffs’ claims as lacking merit and ordered them to pay N500,000 in costs to the defendants.