…….Ordered to re-present 2024 budget, barred from interfering with House of Assembly, withholding fund, removing House Clerk, Deputy
……Upholds judgment of FHC delivered against Fubara on Jan 22
The Court of Appeal has rejected an appeal filed by Rivers State Governor, Siminalayi Fubara, in his attempt to oust 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).
The court, sitting in Abuja, ruled that Fubara lacked a valid basis for the appeal after he withdrew his opposition to the case involving the pro-Wike lawmakers at the Federal High Court.
Justice Joseph Olubunmi Kayode Oyewole, delivering the lead judgment, determined that the governor’s withdrawal from the case precluded him from claiming any grievance with the Federal High Court’s ruling. As a result, the Court of Appeal prohibited Fubara from interfering in the affairs of the House of Assembly, withholding its funds, or removing the Clerk and Deputy Clerk.
Additionally, the Court mandated Fubara to resubmit the State’s budget to the House under the recognized Speaker, as directed by Justice James Omotosho of the Federal High Court. Justice Oyewole emphasized that Fubara’s error in withdrawing from the Federal High Court case could not be rectified through legal means.
The Court deemed Fubara’s appeal as lacking in value, as it could not confer any benefit upon him after relinquishing his legal rights by voluntarily withdrawing from the lawsuit. Justice Oyewole criticized Fubara’s inconsistent actions in court, noting that such behavior lacked legal foundation, emphasizing the necessity for parties to maintain consistency in legal proceedings.
The Court also invalidated the passage of the 2024 budget by only four out of 32 members, citing illegality that contradicts democratic principles. It condemned Fubara’s executive actions as reckless and unlawful, particularly in presenting the budget to a mere fraction of the Assembly and swiftly enacting it into law within 24 hours.”
