Court Dismisses Suit to Re-present Rivers State Budget to Defected Lawmakers
A Rivers State High Court sitting in Port Harcourt has dismissed a suit seeking to compel Governor Siminalayi Fubara to re-present the 2024 budget to the 27 lawmakers of the State House of Assembly, led by Martins Amaewhule, who had defected from the ruling party.
The case was brought forward by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, who filed the suit against the Rivers State Government, the Governor, and the Attorney General, asking the court to order that the defendants re-present the 2024 Appropriation Bill to the disputed 27 lawmakers for enactment.
The matter, registered as Suit No. PHC/3552/CS/2024, was first filed as an originating summons on October 27, 2024. The claimants raised concerns over the failure of the defendants to re-present the budget to the lawmakers led by Amaewhule, questioning the legality of the budget process under the current circumstances.
During the hearing on November 12, 2024, Lawrence Oko-Jaja (SAN), counsel for the defendants, presented documents highlighting the historical precedent for such situations. He noted that during the period between December 2015 and February 2017, the Rivers State House of Assembly was composed of just six members, led by Adams Dabotorudima as Speaker. Despite the reduced number, these members transacted business, confirmed appointments, and passed the 2017 Appropriation Bill into law.
Oko-Jaja further explained that, in similar circumstances, the six members confirmed judicial appointments and conducted other legislative duties, including approving the appointment of Chief Judges for the state.
In his ruling on December 20, 2024, Justice Sika Aprioku considered the arguments from both sides and ruled that Governor Fubara was constitutionally permitted to work with the members of the House of Assembly who had not defected from their seats. The court noted that while the 27 lawmakers had defected, and in doing so, lost their seats, the remaining members of the Assembly still held valid positions.
Justice Aprioku clarified that, much like his predecessor, Governor Nyesom Wike, who had successfully presented budgets with a House of only six members, Governor Fubara could also proceed with state business with the current, properly constituted House, which includes members who had not defected.
The court emphasized that until the matter of the defection was resolved in the courts or through a new election, the 27 lawmakers who defected would not be part of the constitutional process. The claim for the re-presentation of the 2024 budget to these lawmakers was therefore dismissed.
In conclusion, Justice Aprioku ruled that the claimant’s request for declaratory and injunctive reliefs lacked merit and ordered the dismissal of the suit. The defendants were awarded N500,000 in legal costs.
