The Court of Appeal has officially dismissed an appeal filed by Rivers State Governor, Siminalayi Fubara, which sought to remove 27 members of the State House of Assembly who had defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
In a ruling delivered on Thursday in Abuja, the court stated that Fubara lacked valid grounds for his appeal, particularly after he had previously withdrawn his opposition to the case presented by the pro-Wike lawmakers at the Federal High Court.
The ruling emphasized that Fubara's earlier withdrawal from the case severely undermined any basis he might have had for challenging the lawmakers’ position, resulting in the dismissal of his appeal. Justice Joseph Olubunmi Kayode Oyewole, who delivered the lead judgment, asserted that, having withdrawn from the case, the governor could not claim to be aggrieved by the judgment issued by the Federal High Court. This led to the Court of Appeal preventing Fubara from interfering in the matters of the House of Assembly led by Rt. Hon. [speaker’s name].
In addition, the appellate court barred Fubara from withholding funds designated for the House of Assembly and from removing the Clerk and Deputy Clerk from their positions. The Court of Appeal also directed him to re-present the state budget to the House under the recognized Speaker, as specified in the judgment of Justice James Omotosho of the Federal High Court.
Justice Oyewole noted that Fubara’s blunder in withdrawing from the suit at the Federal High Court could not be rectified through any known legal advocacy. Furthermore, he maintained that the governor’s appeal had no utilitarian value, as it could not confer any advantage to him, especially after he had forfeited his legal rights by admitting all issues raised against him through his voluntary withdrawal from the suit.
In addressing the court, Justice Oyewole remarked that Fubara was "approbating and reprobating" and "blowing hot and cold" simultaneously, emphasizing that such conduct is devoid of legal basis, as parties must maintain consistency in their approaches to court matters.
As a result, the court voided and set aside the passage of the 2024 budget, which had been approved by only 4 out of 32 members on grounds of illegality, asserting that such actions must not be tolerated in a democratic setting. The court further ruled that Fubara exhibited executive recklessness, which is not recognized by law, by presenting the budget to only four members and signing it into law within a mere 24 hours.