The Court of Appeal has rejected an appeal from Rivers State Governor Siminalayi Fubara, who sought to oust 27 members of the State House of Assembly following their defection from the People’s Democratic Party to the All Progressives Congress.
In a ruling delivered on Thursday in Abuja, the court stated that Fubara had no grounds for the appeal, having previously withdrawn his opposition to the case brought by the pro-Wike lawmakers in the Federal High Court.
Justice Joseph Oyewole, who authored the lead judgment, ruled that since the governor withdrew from the initial case, he could not claim to be aggrieved by the federal court’s judgment. As a result, the Court of Appeal prohibited Fubara from interfering in the affairs of the House of Assembly, led by Rt Hon.
Furthermore, the court barred Fubara from withholding funds allocated to the House and from removing the Clerk and Deputy Clerk. It also mandated that he re-present the state budget to the House under the recognized Speaker, in accordance with Justice James Omotosho ’s Federal High Court ruling.
Justice Oyewole emphasized that Fubara’s decision to withdraw from the federal court case was a significant misstep that could not be rectified through any legal argument. The court deemed the governor’s appeal to be without merit, stating it offered no benefit, as he had forfeited his legal standing by voluntarily withdrawing from the lawsuit.
The judge noted that Fubara’s actions reflected a contradictory stance, remarking that such conduct is inconsistent with legal principles, which require parties to maintain a coherent approach in court proceedings.
The court ultimately annulled the passage of the 2024 budget, which was approved by just four out of 32 members, citing the illegality of such a process in a democratic setting. The ruling further condemned Fubara for what it described as executive recklessness in presenting a budget to only a fraction of the assembly and signing it into law within 24 hours.
Fubara had initially presented the “Budget of Renewed Hope, Consolidation, and Continuity” to only five lawmakers out of over 30 in December 2023. Justice James Omotosho ruled that the process violated a prior interim order issued by the court on November 30, 2023.
READ ALSO :Court dismisses suit seeking to stop Fubara from re-presenting Rivers’ 2024 budget
The court also mandated the release of funds owed to the Rivers House of Assembly and barred Governor Fubara from interfering in the assembly’s activities. In addition, the court nullified the governor’s redeployment of the assembly’s clerk and deputy clerk, affirming that their appointments are the responsibility of the speaker, as outlined in the Rivers State Assembly Service Commission law.
In the ruling, the judge emphasized that security should be provided to all Rivers State citizens, including assembly members, and prohibited the National Assembly from taking over the functions of the Rivers State House of Assembly or entertaining requests from Governor Fubara.
Justice James Omotosho also ordered a halt to the planned demolition and reconstruction of the Rivers State Assembly complex. He reiterated that the governor’s presentation of the 2024 budget was invalid, noting that Fubara had withdrawn his opposition to the plaintiffs’ case, effectively admitting the facts presented against him.
The plaintiffs in the case, the Rivers State House of Assembly and its speaker, Martin Amaewhule, sought to maintain the status quo as of November 29, 2023, and to prevent the National Assembly from intervening in Rivers State’s legislative affairs. They also requested that Governor Fubara and other defendants be restrained from withholding funds due to the assembly and its members, ensuring the body’s ability to function without financial obstruction.
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