Olusegun Ariyo
The Court of Appeal has dismissed an appeal brought by Rivers State Governor, Siminalayi Fubara, seeking to remove 27 members of the State House of Assembly on account of their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The court, on Thursday in Abuja, ruled that Fubara had no basis for the appeal, having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court.
Justice Joseph Olubunmi Kayode Oyewole, who delivered the lead judgment, held that the governor, having withdrawn from the case, could not claim to be aggrieved by the judgment of the Federal High Court.
Consequently, the Court of Appeal barred Fubara from intervening in the affairs of the House of Assembly under Rt. Hon. [speaker’s name].
The appellate court also barred him from withholding House of Assembly funds and from removing the Clerk and Deputy Clerk from the House.
Similarly, the Court of Appeal ordered him to re-present the state budget to the House under the recognized Speaker, as contained in the judgment of Justice James Omotosho of the Federal High Court.
Justice Oyewole stated that Fubara’s blunder in withdrawing from the suit at the Federal High Court could not be redeemed by any known advocacy.
Justice Oyewole also held that the governor’s appeal had no utilitarian value, as it could not confer any advantage on him, having lost his legal rights by admitting all issues raised against him through his voluntary withdrawal from the suit.
By coming to the court, Justice Oyewole said that Fubara was “approbating and reprobating” and “blowing hot and cold” at the same time, adding that such conduct had no basis in law, as parties must be consistent in their approach to court matters.
He therefore voided and set aside the passage of the 2024 budget by 4 out of 32 members on the grounds of illegality, stating that such actions must not be allowed in a democratic setting.
The court also held that Fubara engaged in executive recklessness that is unknown to law by presenting the budget to only 4 members and signing it into law within 24 hours.
