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OpenLife Nigeria reports that a chieftain of the ruling All Progressives Congress (APC) and erstwhile National Publicity Secretary of the defunct New Peoples Democratic Party (nPDP), Chief Eze Chukwuemeka Eze, has hailed the judgment of a Rivers State High Court sitting in Port-Harcourt, which had on December 20, 2024, dismissed a suit seeking to compel Governor Siminalayi Fubara to re-submit the 2024 budget to the 26 former lawmakers led by Martins Amaewhule, who are loyalists of Nyesom Wike.
The case was filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, with the Rivers State Government, the Governor and the Attorney-General named as Defendants.
In the judgment delivered on December 20, 2024, Justice S. H. Aprioku, held that the suit was “premature”, noting that legal disputes regarding the legitimacy of the 27 former lawmakers to make laws are still unresolved in various Courts.
The presiding Judge reasoned that the status quo post-defection by the 27 on December 11, 2023 should be maintained until these matters are conclusively determined.
Justice Aprioku insisted that Governor Fubara can transact business with the members that did not vacate their seats.
“The Governor cannot carry on business with those who defected and by that act of defection, lost their seats.
Justice Aprioku cited precedents from the previous administration of Governor Ezenwo Nyesom Wike, stating that Budget presentations and financial bills could proceed even when legislative membership fell below the constitutional threshold.
“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 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.
It was the contention of Justice Aprioku 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.”
Consequently, the Court imposed a penalty of N500,000 against the Claimant in favour of the Defendants.
In the detailed 33-page judgment, the Judge clarified that Section 109(1)(g) of the 1999 Constitution, as amended, is self-executing, meaning lawmakers who defect from their sponsoring party without legitimate cause automatically lose their seats.
The Court further observed that the Constitution does not require Court intervention for such vacancies to take effect.
“Once the person defects from the party that sponsored their election to another party, without any division in the political party, that person automatically vacates the seat,” Justice Aprioku explained.
The judgment highlighted that the Budget was presented and passed into law on December 14, 2023, after the lawmakers’ defection on December 11, 2023. The Court found that the Claimant failed to dispute the Defendants’ Affidavits detailing the former lawmakers’ defection and the concealment of this information during earlier proceedings.
Conclusively, the Court held that the suit was premature, as the Supreme Court must first resolve jurisdictional issues concerning the 27 defected lawmakers’ status, adding that, pending such a verdict, only lawmakers who retained their seats could engage in legislative business with the Governor.
Reacting on the judgment, Chief Eze commended Justice Aprioku for the industry and justice of the matter based on law and facts without resorting to undue technicalities.
“We thank Justice Aprioku for delivering this landmark and exemplary judgment in a case that has far-reaching implications on good democratic governance in Rivers State.
By dismissing the case of the Claimants who are known blind loyalists of former Governor Wike, the court has further upheld the rights of the authentic Members of the Rivers State House of Assembly in discharging their statutory legislative duties.
The judgment is a significant victory for democracy and Rivers State people as well as a testament to the power of the Judiciary and sanctity of rule of law.
The court’s judgment has reaffirmed the importance of Judiciary in ensuring that politicians adhere strictly to constitutional provisions, party guidelines and INEC rules and regulations etc.
We commend the court for its wisdom and courage in delivering this judgment, which is not just a win for Governor Fubara, but a victory for the entire lovers of democracy and people of Rivers State.
The judgment demonstrates Your Lordship’s deep understanding of the law, a commitment to justice, and a keen sense of fairness.
“Justice Aprioku’s deep knowledge of the law, and well-reasoned and researched decision have brought hope and relief to Rivers people, who are tired of the handiworks of detractors hired by Wike to constitute a clog on the wheels of democratic governance in the State.
“We are particularly pleased by the Judge’s mastery of the subject matter and his ability to articulate the judgment in a clear and concise manner.
“The judgment of Justice Aprioku has no doubt, set a high standard for judicial excellence and serves as a model for future cases bordering on defection and budget presentation” Chief Eze stated.
With this stand, Eze therefore Urges Prof Mahoomud Yakabu the INEC Chairman to stop playing hide and seek game with the politics of Rivers State and conduct elections in the areas where Rivers State have no legislative representatives.
In the same vein, the APC Chieftain
commended Governor Fubara for his commitment to take Rivers State out of the woods to a more progressive and prosperous State.
“Today, the achievements of our indefatigable, proactive, humane and peace-loving Governor within a short period in office, has earned him the appellation, Champion of Good Democratic Governance in Nigeria.
Despite all odds and distraction posed by Wike and his demented errand boys, Governor Fubara has remained resolute, committed, and focused in providing purposeful leadership to people of Rivers State.
We believe that the passage and implementation of the 2025 Rivers State Budget will open yet another vistas in the development strides and provision of more people-oriented projects to people of Rivers State.
Chief Eze expressed optimism that the unveiling of N1.188trn 2025 budget by Governor Fubara, which prioritized roads, agriculture, health etc will bring governance more closer to the people of Rivers State.
Thank you for working assiduously to make yourself the Peoples Governor, and we pray God to continually guide your steps and actions geared toward the overall development of Rivers State and Nigeria in general.
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