The Rivers State High Court has ruled that Governor Siminalayi Fubara can legally conduct state business with the three remaining lawmakers in the state assembly, following the controversial loss of seats by 27 members who defected to other political parties.
The landmark judgment, delivered on December 20 by Justice Sika Aprioku, dismissed a suit filed by the Association of Legislative Drafting and Advocacy Practitioners. The group sought to compel Governor Fubara to present the 2024 budget to the 27 lawmakers led by Martin Amaewhule, despite their disqualification.
Justice Aprioku affirmed that the governor is constitutionally empowered to work with the remaining assembly members for key state functions, including budget presentation, judicial appointments, and commissioner screenings. The court highlighted past precedents, referencing former Governor Nyesom Wike, who operated with fewer than the constitutionally required two-thirds majority of the assembly.
Court Upholds Legitimacy of Current Assembly
The court clarified that the vacated seats could only be contested in court by the affected lawmakers or resolved through fresh elections conducted by the Independent National Electoral Commission (INEC). Until then, governance would proceed with the assembly’s current composition.
Case Dismissed With Costs
Declaring the suit meritless, Justice Aprioku imposed a fine of ₦500,000 on the claimants in favor of the defendants. The judgment underscored that the governor’s actions align with constitutional provisions, ensuring uninterrupted governance in the state.
Legal Implications
This ruling sets a precedent for navigating legislative vacancies caused by defections, reinforcing the governor’s authority to engage with a reduced assembly in the absence of legal challenges or supplementary elections. It also solidifies the validity of Governor Fubara’s interactions with the assembly led by Speaker Oko-Jumbo, allowing the state’s legislative and executive processes to continue unimpeded.
