Court Dismisses Suit to Compel Rivers Governor to Present 2024 Budget to Defected Lawmakers

A court in Rivers State has dismissed a suit aimed at compelling Governor Siminalayi Fubara to present the 2024 budget to the 27 lawmakers who defected from the state’s House of Assembly. The ruling was delivered on December 20 by presiding judge Sika Aprioku.

The case, identified as PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners. The suit sought to mandate Governor Fubara to present the 2024 budget to the lawmakers, who were led by Martin Amaewhule, for approval.

In her ruling, Judge Aprioku stated that the governor could engage with the lawmakers who had not vacated their seats. She referenced the precedent set by former Governor Nyesom Wike, who presented budgets and financial bills to only six lawmakers when the number of legislators in the assembly fell below the two-thirds required for quorum.

The judge clarified that the governor could only interact with the lawmakers who remained in their seats, while the 27 defected lawmakers, who had automatically vacated their positions, would have to seek judicial resolution or await a by-election overseen by the Independent National Electoral Commission (INEC).

Judge Aprioku further emphasized that until the Supreme Court issues a ruling on the issue of the defected lawmakers’ status, the governor was constitutionally entitled to approach only the lawmakers who retained their seats. This includes the presentation of the budget, appointment of Chief Judges, screening of commissioners, and making other important board appointments.

The judge dismissed the suit filed by the claimant, finding that it lacked merit. Additionally, a cost of N500,000 was awarded against the claimant and in favor of the defendants.