Rivers Governor Empowered to Conduct State Business with 3 Lawmakers, Court Rules in Landmark Judgment

In a groundbreaking ruling, the Rivers State High Court in Port Harcourt has declared that Governor Siminialayi Fubara can legally conduct state business with just three lawmakers in the State House of Assembly. The judgment, delivered by Justice Sika Aprioku on December 20, dismissed a lawsuit aimed at forcing the governor to re-present the proposed N800 billion 2024 state budget to 27 aggrieved lawmakers who had vacated their seats.

The case, filed under suit number PHC/3552/CS/2024 by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, sought to challenge the governor’s authority to proceed with the legislative process in the absence of the majority of lawmakers. The plaintiffs argued that the entire assembly must be involved in the budget process to ensure transparency and accountability.

However, Justice Aprioku ruled in favor of Governor Fubara, asserting that no legal provision mandates the governor to re-submit the budget to the 27 lawmakers. The court further affirmed that conducting state business with the three remaining legislators was valid and in accordance with the law.

This ruling draws parallels to the administration of former Governor Nyesom Wike, who managed state affairs with just six lawmakers during a similar impasse. The court’s decision underscores the governor’s constitutional prerogative to engage with the available lawmakers to ensure the continuity of governance.

The dispute stems from the alleged removal of the 27 lawmakers, led by Martins Amaewhule, who were reportedly embroiled in internal legislative conflicts. Their removal had left the assembly with only three active members, raising concerns about the legitimacy of legislative proceedings in the state.

Legal experts have hailed the judgment as a significant precedent, emphasizing the flexibility it grants state executives in navigating legislative crises. The court’s decision effectively clears the path for Governor Fubara to implement the proposed N800 billion budget, a critical component of his administration’s development agenda for Rivers State.

This ruling not only strengthens Governor Fubara’s position but also highlights the importance of legal clarity in resolving governance disputes. As Rivers State moves forward with its ambitious plans for 2024, this judgment serves as a reminder of the resilience of democratic institutions in the face of political challenges.