ABUJA, Nigeria (ChatnewsTV) — The Court of Appeal has dismissed an appeal by Rivers State Governor Siminalayi Fubara, who sought to remove 27 members of the State House of Assembly after they defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
In a ruling on Thursday, Justice Joseph Olubunmi Kayode Oyewole, delivering the lead judgment in Abuja, held that Fubara had no basis for the appeal after withdrawing his opposition to the case at the Federal High Court. The governor’s decision to pull out of the case, which involved pro-Wike lawmakers, was pivotal in the appellate court’s judgment.
“Having withdrawn from the case, the governor cannot claim to be aggrieved by the decision of the Federal High Court,” said Justice Oyewole. The court ruled that Governor Fubara’s withdrawal nullified his ability to challenge the lower court’s decision.
The Court of Appeal also barred Fubara from further interference in the affairs of the House of Assembly, preventing him from withholding Assembly funds or attempting to remove the Clerk and Deputy Clerk. Additionally, the court ordered the governor to re-present the state budget to the House under the recognized Speaker, as directed by an earlier judgment from Justice James Omotosho of the Federal High Court.
Justice Oyewole sharply criticized the governor’s inconsistent legal approach, saying Fubara had “approbated and reprobated” and was “blowing hot and cold” by withdrawing from the Federal High Court case while seeking a new ruling from the appellate court. “Such conduct has no basis in law, as parties must be consistent in their approach to court matters,” Oyewole said.
The court also voided the passage of Rivers State’s 2024 budget, which had been approved by only four out of the 32 House members. Justice Oyewole condemned the move as illegal and warned that it undermined democratic principles. “Actions like this cannot be allowed in a democratic setting,” he stated.
The ruling further criticized Governor Fubara for engaging in what was described as “executive recklessness” by presenting the budget to just four lawmakers and signing it into law within 24 hours.
