A Rivers State High Court sitting in Port Harcourt,has stopped Governor Siminalayi Fubara from re-presenting the 2024 budget of N800bn to the State House of Assembly.
In his ruling,Justice Sika Aprioku,dismissed a suit filed by a group identified as Registered Trustees of Association of Legislative Drafting and Advocacy Practitioners against the Rivers State Government, Governor Fubara and the Attorney General of Rivers State.
The suit, marked PHC/3552/CS/2024, was filed on October 27, 2024, had urged the court to compel Governor Fubara to re-present the 2024 Appropriation Bill to the 27 lawmakers led by Martins Amaewhule, after the governor presented the budget to the three-man assembly, led by Victor Oko-Jombo.
The claimants had questioned the failure of the defendants to re-present the 2024 budget to the State House of Assembly, arguing that it was necessary for the proper functioning of the state government.
At the hearing of the matter on November 12, 2024, counsel to the defendants, Lawrence Oko-Jaja (SAN), tendered documents to the court, which recalled a precedent where the Rivers State House of Assembly, transacted its legislative business with only six members under former Governor Nyesom Wike between December 2015 and February 2017.
The documents, which were presented to the court, showed that the six-member Assembly, led by its Speaker, Adams Dabotorudima, had conducted legislative business with Governor Wike, despite the reduced number of lawmakers.
Oko-Jaja told the court that between 2015 and 2017, the six members of the State Assembly confirmed appointments and also passed the 2017 Appropriation Bill into Law on December 28, 2016, a number far less than the 24 members that ought to form a quorum.
He said, “On December 23, 2015, Six Members of the Rivers State House of Assembly sat and confirmed 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”.
“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 Nyesom Wike, who effected the appointment,” he maintained.”
Delivering his judgement on December 20, 2024, Justice Aprioku 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.
