A High Court in Rivers State, located in Port Harcourt, has rejected the lawsuit aimed at compelling Governor Siminalayi Fubara to resubmit the N800 billion budget for 2024 to the 27 dissatisfied lawmakers of the State House of Assembly, led by Martins Amaewhule.
The Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners initiated legal action against the Government of Rivers State, the Governor, and the Attorney General, requesting that Justice Sika Aprioku order the defendants to re-present the 2024 budget to the aforementioned lawmakers.
This case, recorded as Suit No. PHC/3552/CS/2024, was filed as an originating summons on October 27, 2024. The plaintiffs challenged the defendant’s failure to re-present the 2024 Appropriation Bill to the State House of Assembly, led by Amaewhule, for legislative approval.
During the proceedings on November 12, 2024, the defendant’s counsel, Lawrence Oko-Jaja (SAN), submitted documents to the court highlighting that the Rivers State House of Assembly had only six members from December 2015 to February 2017, with Adams Dabotorudima serving as Speaker, during the time they conducted business with the then-Governor Nyesom Wike.
Oko-Jaja informed the court that during the period from 2015 to 2017, these six members confirmed appointments and passed the 2017 Appropriation Bill into law on December 28, 2016, despite the quorum requirement of 24 members. He noted that on December 23, 2015, the six members convened and confirmed Hon. Daisy Wotube Okocha as the substantive Chief Judge of Rivers State, with Speaker Rt. Hon Adams Dabotorudima conveying this approval to Governor Chief (Bar) Ezenwo Nyesom Wike. Hon. Justice Daisy W. Okocha was subsequently sworn in as Chief Judge on January 4, 2016.
On March 3, 2016, the Executive Governor of Rivers State submitted a request, referenced as RVSG/GH/RVHA/VOL/1/030, to the Rt. Hon. Adams Dabotorudima Assembly, consisting of six members, to confirm the appointment of Hon. Justice Adama Iyayi-Laminkara as the Substantive Chief Judge. Subsequently, on March 7, 2016, the House of Six Members confirmed this appointment, and on the same date, a letter referenced RVHA/ADM/36/VOL.1/32 was sent to Nyesom Wike, who proceeded to effectuate the appointment, he stated.
In delivering his judgment on December 20, 2024, Justice Aprioku evaluated the arguments presented by the parties involved and concluded that the current governor is permitted to engage in business with the members who have not vacated their seats.
“The governor is unable to conduct business with those who have defected, as their act of defection resulted in the loss of their seats. Thus, just as His Excellency Ezenwo Nyesom Wike was able to present Budgets and financial Bills with only six members, despite the total being less than two-thirds of the 32 Members, so too must His Excellency Siminalayi Fubara, the Governor of Rivers State, adhere to constitutional guidelines and engage with the properly constituted House of Assembly led by Rt. Hon. Oko-Jumbo for state business. Until the 27 lawmakers who defected and vacated their seats seek judicial remedy or until INEC conducts new elections for those vacated seats, this remains the case.
“In conclusion, until the Supreme Court renders a decision regarding the jurisdictional issues affecting the status of the 27 lawmakers, the governor may only constitutionally approach those members who have retained their seats to present the Budget, appoint Chief Judges and Presidents of Customary Courts, screen Commissioners, including the Attorney General, and make Board appointments.
“The claimant’s request for declaratory and injunctive reliefs regarding the re-presentation of the 2024 budget to the former 27 lawmakers, who defected and consequently vacated their seats, is without merit.and is accordingly dismissed”.
“That this suit be and is hereby dismissed, with cost in the sum of N500, 000.00, awarded in favour of the defendants and against the claimant”, Justice Aprioku ruled
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