Governor Sim Fubara’s presentation of the N1.1 trillion 2025 budget proposal to a faction of the Rivers State House of Assembly, led by Victor Oko-Jumbo, has reignited debates about legality and governance in the state. With echoes of the 2024 budget controversy still fresh, this move raises serious questions about constitutional adherence, political strategy, and the broader implications for democratic governance.
A Legal and Constitutional Quagmire
The 2024 budget’s approval by a four-member faction of the House was declared unconstitutional by three courts, in line with Section 96 (1) of the Nigerian Constitution, which requires a quorum of at least one-third of the House (11 members) for legislative approval. This ruling not only invalidated the 2024 budget but also sets a precedent on constitutional requirements for budget approval. Governor Fubara’s apparent repetition of this process for the 2025 budget suggests either a calculated gamble to maintain governance under extraordinary circumstances or a troubling disregard for the rule of law.
A Governance Crisis or Strategic Necessity?
At the heart of this crisis lies the defection of 27 lawmakers from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). According to Section 109 of the Constitution, such defections mandate the lawmakers’ removal unless they can prove valid justifications, such as a division in their former party. This development has left the Rivers State House of Assembly effectively incapacitated, raising a critical question: is Governor Fubara’s reliance on a faction of the House a pragmatic response to an unworkable legislature, or is it a blatant attempt to undermine democratic principles for political expediency?
Fubara’s actions could be viewed as an effort to ensure continuity of governance in the presence of extraordinary political challenges. However, critics argue that such moves set a dangerous precedent, potentially normalizing unconstitutional practices and eroding institutional integrity.
The Rule of Law Versus Political Survival
Operating without a budget is unfeasible, as it would halt government operations, disrupt public services, and leave state workers unpaid. Yet proceeding with an unconstitutionally approved budget poses even graver risks. Spending public funds without legal appropriation constitutes a fundamental violation of democratic norms and threatens the integrity of governance.
Governor Fubara’s administration now faces a critical test: can it strike a balance between upholding the law and ensuring the functionality of the state? Or will it prioritize expediency over legality, risking long-term damage to Rivers State’s democratic framework?
Evaluating the Broader Implications
This crisis transcends Rivers State, offering a cautionary tale for Nigeria’s democracy. It highlights the fragility of institutions when political actors prioritize self-interest over constitutional adherence. The defection crisis, in particular, reveals gaps in Nigeria’s political system, where party loyalty often takes precedence over legislative stability and accountability.
Resolving this impasse requires bold and principled leadership. The Fubara administration must explore options such as engaging in political dialogue to address the defections, seeking judicial clarity on the House’s status, or even pushing for fresh elections to restore legislative functionality. Any solution, however, must prioritize adherence to the rule of law to preserve democratic order.
The Bottom Line
Governor Fubara’s handling of the 2025 budget will define not just his administration but also the trajectory of governance in Rivers State. This is a moment of reckoning for the state’s political leadership. Will they choose to uphold the principles of democracy and legality, or will they succumb to expedient shortcuts that undermine the very foundation of governance? The answer will have lasting consequences, not only for Rivers State but for Nigeria’s democratic institutions as a whole.
