Fubara Wins As Court Dismisses Suit Seeking To Compel Governor To Re-Present 2024 Budget

The 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 26 lawmakers led by Speaker Martins Amaewhule.

The suit, filed by the Registered Trustees of the Association of Claimants of Legislative Drafting and Advocacy Practitioners, listed the Government of Rivers State, Governor Fubara, and the Attorney-General as defendants.

Delivering judgment on December 20, 2024, Justice S.M. Aprioku ruled that the suit was “hasty and premature.”

He noted that jurisdictional issues related to the legitimacy of the 27 “former lawmakers” to make laws for the state are still pending in various courts.

“The claimant’s suit, based on the facts disclosed in the affidavit evidence, is hasty and premature. The issue of jurisdiction concerning the locus of the 27 ‘former lawmakers’ legitimacy to make laws is still pending determination in various courts. As such, the status quo shall be maintained until these cases are resolved,” Justice Aprioku stated.

The Registered Trustees of the Association of Claimants of Legislative Drafting and Advocacy Practitioners had argued that Governor Fubara should re-present the 2024 budget to the assembly led by Amaewhule, following disputes over the legitimacy of certain lawmakers.

The judge averred that “the claimant’s claim seeking declarative and injunctive reliefs for the re-representation of the 2024 budget to the former 27 lawmakers, who defected and automatically vacated their seats, lacks merit and is accordingly dismissed.”

While dismissing the suit the court awarded the cost of N500,000 in favour of the defendants and against the claimant.

In the 33-page judgement, Justice Aprioku said: “I cannot see anywhere in Section 109 (1)(G) or any of the Section of the Constitution, where the court has any role to play before the seats of defecting lawmakers could or would become vacant.

“I cannot also see any provision in Section 109 of the Federal Republic of Nigeria, 1999, that stipulates that approval must be obtained for the party of the defector before the act of vacation will be deemed concluded.

“In my considered view, Section 109 (1)(G) of the Constitution of the Federal Republic of Nigeria is self-executory, for once the person defects from the party that sponsored his election to another party, without any division in his/her political party, that person automatically vacates the seat.

“In my view it is not at every repeated defection that a Speaker of the House or the Court will intervene as to make the Honourable member stop ascending legislative sessions.

“In this case the Defendants in their Counter Affidavit at several paragraphs stated that Martins Amaewhule and 26 other lawmakers defected and therefore automatically vacated their seats on 11/12/2023, two days before the Budget was presented and passed into law on 14/12/2023.

“They further deposed that, the fact of their defection and vacation of their seats was concealed from Hon. Justice J. Omotosho, for if the trial Judge was aware, he would ordinarily refuse to grant the reliefs but may have struck out the suit, for they have lost their locus standi to pursue any legal right.”

The judge, who reproduced the relevant paragraphs in the affidavit filed by the defendants, said the claimants did not controvert the facts that the 27 lawmakers defected from the platform on which they were elected as lawmakers.

He said: “It is settled law that, depositions in an affidavit, which were never challenged by the claimants in a further affidavit, are deemed admitted. See Obumseli & anr .v. Uwakwe (2019)LPELR-46937. The Court can act on the uncontradicted averments as being the truth. See Yardua .v. Yandoma (2014) LPELR-24217; EFCC .v. Dina (2022)LPELR-58435.

“However, this Court will in doing justice, follow the decisions of the Superior Courts on settled principles of law, as canvassed by the Defendants’ Counsel, which the Claimants’ Counsel did not file a reply on points of law to address.”

The judge opened that the present Governor could transact business with the members that did not vacate their seats.

The judge said: “The governor cannot carry on business with those, who defected and by that act of defection, lost their seats.

“Therefore, the same way His Excellency Ezenwo Nyesom Wike, presented Budgets and financial Bills with only six members, when the numbers were less than two third of the 32 members, so shall His Excellency, Sir, Siminalaye Fubara, the Governor of Rivers State be constitutionally guided to interface, and approach the properly constituted House of Rt. Hon. Oko-Jumbo, to carry on business of the State and until the 27 lawmakers, who defected and lost their seats, approaches the Court, for a redemption or INEC conducts another election to fill the seats vacated by the 27 lawmakers upon their defection.

“In sum, until the Supreme Court gives its verdict on the issue of jurisdiction which affects the status of the 27 Lawmakers, it is only those who did not vacate their seats, the Governor can, constitutionally approach to present Budget, appoint Chief Judges and President Customary Court also screen Commissioners, including the Attorney General and make Board appointments.

“Therefore, the Claimants case which was seeking declarative reliefs and mandatory injunction, will be dismissed as it is premature, pending the decision of the Supreme Court in respect of the issues of jurisdiction raised on locus standi of the 27 former Lawmakers.

“This suit be and is hereby dismissed and costs of N500,000.00 (Five Hundred Thousand Naira) Only, is awarded in favour of the defendants and against the claimant.”