The Court of Appeal has dismissed an appeal filed by Rivers State Governor, Siminalayi Fubara, which sought to remove 27 members of the State House of Assembly due to their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
In a ruling on Thursday in Abuja, the court stated that Fubara had no valid grounds for the appeal after he withdrew his opposition to the case presented by the pro-Wike lawmakers at the Federal High Court.
The ruling emphasized that his earlier withdrawal undermined any basis for challenging the lawmakers’ position, resulting in the dismissal of his appeal.
Justice Joseph Olubunmi Kayode Oyewole, who delivered the lead judgment, held that the governor, having withdrawn from the case, could not claim to be aggrieved by the judgment of the Federal High Court.
As a result, the Court of Appeal prevented Fubara from getting involved in the matters of the House of Assembly led by 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 ruled that Fubara exhibited executive recklessness that is not recognized by law by presenting the budget to only four members and signing it into law within 24 hours.
