The Court of Appeal has described Rivers State governor, Siminalayi Fubara, as engaging in executive recklessness in presenting the state’s budget to only four out of the 32-member House of Assembly and signing it into law within 24 hours.
The Court also dismissed an appeal brought before it by Governor Fubara seeking to remove 27 members of the State House of Assembly because of their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The Abuja Division of the court stated that Governor Fubara had no basis to bring the appeal, having withdrawn his opposition to the pro-Wike lawmakers’ case at the Federal High Court.
Justice Joseph Olubunmi Oyewole, who delivered the lead judgement, held that the governor, having withdrawn from the case, could not claim to be aggrieved by the judgement of the Federal High Court.
Consequently, the Court of Appeal barred Fubara from intervening in the affairs of the House of Assembly.
The appellate court also prohibited him from withholding the House of Assembly funds and 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 recognised Speaker, as contained in the judgement of Justice James Omotosho of the Federal High Court.
Justice Oyewole stated that Fubara’s blunder in withdrawing from the suit in the Federal High Court could not be redeemed by any known advocacy.
Justice Oyewole further 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 with his voluntary withdrawal from the suit.
By coming to the court, Justice Oyewole remarked that Fubara was approbating, 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.
Therefore, he voided and set aside the passage of the 2024 budget by 4 out of 32 members on the grounds of illegality, which must not be allowed in a democratic setting.
The court also held that Fubara engaged in executive recklessness unknown to the law by presenting the budget to only four members and signing it into law within 24 hours.
“It is notorious that facts, claims, and allegations not challenged or disputed are deemed admitted in law. The governor was alleged to have demolished parts of the House of Assembly and redeployed the clerk and deputy clerk of the House, yet none of the allegations were disputed.
“Rather, he voluntarily withdrew all the processes and opted out of the case against him at the federal level. His journey to this Court of Appeal is unknown to law.
“Having withdrawn from the case, he can no longer claim to be aggrieved by the judgement of the same High Court. He has lost the legal right to make any complaint against the judgement. His appeal to this court is bereft of merit and is hereby dismissed for want of merit,” Justice Oyewole stated in the unanimous judgement.
