A Rivers State High Court in Port Harcourt has ruled that Governor Siminalayi Fubara is legally empowered to transact business with the three lawmakers who have not vacated their seats in the State House of Assembly.

The judgement, delivered on 20th December by Justice Sika Aprioku, dismissed a suit seeking to compel the governor to represent the 2024 budget to the assembly faction led by Martin Amaewhule.

The case, marked PHC/3552/CS/2024, was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners. It named the Rivers State Government, the governor, and the Attorney General as defendants. The claimants sought to mandate Governor Fubara to present the budget to the 27 lawmakers who had defected from their original party.

Justice Aprioku ruled that the defecting lawmakers had automatically vacated their seats, making them ineligible to participate in state assembly proceedings. He cited the precedent set during the tenure of former Governor Nyesom Wike, who conducted state business with fewer than two-thirds of assembly members.

The judge stated, “Governor Siminalayi Fubara is constitutionally guided to engage with the properly constituted House of Assembly led by Oko-Jumbo until the Supreme Court resolves the jurisdictional issues concerning the defected lawmakers. Until then, only those who retain their seats can participate in legislative activities.”

The court dismissed the suit as lacking merit and awarded costs of ₦500,000 against the claimants in favour of the defendants.

Justice Aprioku further clarified that the governor’s transactions with the assembly—ranging from budget presentations to key appointments—remain valid until the vacated seats are either reinstated by the courts or filled through elections conducted by the Independent National Electoral Commission (INEC).

The ruling underscores Governor Fubara’s authority to continue governance without the involvement of the 27 defected lawmakers, pending further judicial intervention.