The Rivers State Governor, Siminalayi Fubara, may face fresh challenges as
the Court of Appeal dismissed an appeal he brought before it seeking to remove 27 members of the State House of Assembly for their alleged 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The Abuja Division of the court said Governor Fubara has no basis to approach the Appeal Court having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court.
Justice Olubunmi Oyewole, who delivered the lead judgment held that the governor, having withdrawn from the case cannot claim to be aggrieved with the judgment of the federal high court.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 restrained him from interfering 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.
In the same vein, 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 held 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.
Justice Oyewole said that when Fubara elected to approach the Court, he was approbating and reprobating as well as blowing hot and cold at the same time.
He said such conduct had no basis in law as parties must be consistent in their approach to court matters.
The court 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 alien to law by presenting budget to only four members and signing same to law within 24 hours.
