Omiete Joseph
A Rivers State High Court sitting in Port Harcourt, has resulted that Governor can present budget to lawmakers whose seats are not vacant in the State House of Assembly.
This is as the court has dismissed the suit seeking Governor Fubara to represent the N800billion 2024 Budget to the aggrieved 27 lawmakers of the State House of Assembly led by Martins Amaewhule.
The Registered Trustees of Association of Legislative Drafting and Advocacy Practitioners had filed a suit against the Government of Rivers State, Governor of Rivers State and Attorney General of Rivers State, seeking that the Court presided by Justice Sika H. Aprioku should order that the defendants represent the 2024 Budget to the 27 lawmakers
The matter registered in Suit No. PHC/3552/CS/2024 was filed as originating summons, on October 27, 2024. The Claimants are questioning the failure of the defendants to re-present the 2024 Appropriation Bill of Rivers State to the State House of Assembly led by Amaewhule for enactment into law.
During the hearing of the matter on November 12, 2024, counsel for the defendants, Lawrence Oko-Jaja (a Senior Advocate of Nigeria); tendered documents to the court which recalled that the Rivers State House of Assembly between December, 2015 and February, 2017, comprised of only six (6) members with Rt. Hon. Adams Dabotorudima as Speaker transacted business with the then Governor Nyesom Wike.
Oko-Jaja recalled to the court that “between 2015 and 2017, the Rivers State House of Assembly of 6 Members, confirmed appointments and also passed the 2017 Appropriation Bill into Law on December 28, 2016. A few examples will suffice, were the Governor, His Excellency, Chief Barr. Nyesom E. Wike, transacted business with the House of Six Members, which is a number far less than the 24 Members that ought to form the quorum”.
“On December 23, 2015, Six Members of the Rivers State House of Assembly sat and confirmed the Hon. Daisy Wotube Okocha as substantive Chief Judge of Rivers State and the Speaker, Rt. Hon Adams Dabotorudima, conveyed the approval to the Executive Governor, Chief (Bar) Ezenwo Nyesome Wike, and the Hon. Justice Daisy W. Okocha, was sworn in on January 4, 2016, as the Hon. Chief Judge of Rivers State”.
Also that “On March 3, 2016, the Executive Governor of Rivers State, under a letter, REF: RVSG/GH/RVHA/VOL/1/030, made a request to Rt. Hon Adams Dabotorudima Assembly of Six Members to confirm the appointment of Hon. Justice Adama Iyayi-Laminkara, as Substantive Chief Judge and the House of Six Members on March 7, 2016 confirmed the appointment and same date in a letter referenced RVHA/ADM/36/VOL.1/32 conveyed the approval to His Excellency, Chief (Bar) Nyesom Wike, CON, who effected the appointment.
“On June 23, 2016, vide ref RVSG/GH/RVHA/VOL.1/59, the Rt. Hon. Adams Dabotorudima, led House of Seven Members screened and confirmed the appointment of Chairmen and Members of Local Government Caretaker Committees for Ahoada West, Asari Toru and Degema Local Government Councils of Rivers State.”
Delivering his judgement on December 20, 2024, Justice Aprioku had considered the arguments of the parties in the matter and came to the view that the present Governor can transact business with the Members that did not vacate their seats.
Justice Aprioku ruled that “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 2/3 of the 32 Members, so shall His Excellency, Siminalayi Fubara, the Governor of Rivers State be constitutionally guided to interface, and approach the properly constituted House of Assembly led by 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 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 the present Budget, appoint Chief Judges and President Customary Court. Also screen Commissioners, including the Attorney General and make Board appointments.
“That the claimant’s claim seeking declaratory and injunctive reliefs for the Representation of the 2024 Budget to the former 27 lawmakers, who defected and automatically vacated their seats, lacks merit and is accordingly dismissed”, Justice Aprioku ruled.