Fubara Can Govern With Only Lawmakers That Did Not Defect – Court Rules

In what appeared a deadly and devastating blow against the Martin Amaewhule-Led faction of the Rivers State House of Assembly, a High Court of Rivers State has declared that Governor Siminalayi Fubara is legally empowered to transact business with only lawmakers who have not vacated their seats in the State House of Assembly.

In the landmark judgement, the Court presided over by Justice Sika Aprioku on December 20, 2024, dismissed the suit seeking to compel Governor Fubara to represent the 2024 Appropriation Bill of the State to the Martin Amaewhule-led Assembly.

The suit which was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, sought to compel Governor Fubara to represent the 2024 budget to the 27 lawmakers led by Amaewhule for passage into law.

In his ruling, Justice Aprioku held that Governor Fubara could transact business with the members who did not vacate their seats.

The trial judge cited a precedent set by former Governor Ezenwo Nyesom Wike, who had presented budgets and financial bills to an Assembly with only six members when the numbers were less than two-thirds of the 32 members.

Justice Aprioku said; “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 that the Governor can constitutionally approach to present the budget, appoint chief judges and president, customary court, screen commissioners, including the Attorney General, and make board appointments”.

The claimant’s had prayers for a declaratory and injunctive reliefs for the representation of the 2024 budget to the former 27 lawmakers was accordingly dismissed, with a cost of N500,000.00 awarded in favor of the defendants.

The Court decision marked a significant development in the ongoing power struggle in Rivers State.

The claimants in the suit are yet to respond to the court’s decision.