The Court of Appeal has dismissed an appeal brought before it by Rivers State Governor, Siminalayi Fubara seeking to remove 27 members of the State House of Assembly on account of their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The Abuja Division of the court said Governor Fubara has no basis to bring out the appeal having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court.
Justice Olubunmi Oyewole, who delivered the lead judgment held that the governor, having withdrawn from the case cannot claim to be aggrieved with the judgment of the federal high court.
Consequently, the Court of Appeal barred Fubara from intervening with affairs of the House of Assembly.
The appellate court also barred him from withholding the House of Assembly fund and removing the Clerk and Deputy Clerk from the House.
Similarly, the Court of Appeal ordered him to re-present the budget of the State to the House under the recognised Speaker as contained in the judgment of Justice James Omotosho of the federal high court.
Justice Oyewole said that the blunder of Fubara in withdrawing from the suit in the federal high court cannot be redeemed by any known advocacy.
Justice Oyewole also held that the appeal of the governor has no utilitarian value as it cannot confer any advantage on him having lost his legal rights by admitting all issues raised against him with 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 ground of illegality that must not be allowed in a democratic setting.
The court also held that Fubara engaged in executive recklessness that are unknown to law by presenting budget to only 4 members and signing same to law under 24 hours.
