The Court of Appeal has dismissed an appeal by Rivers State Governor Siminalayi Fubara aimed at removing 27 members of the State House of Assembly who defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
On Thursday in Abuja, the court ruled that Fubara lacked grounds for his appeal, having previously withdrawn his opposition in the Federal High Court case involving the pro-Wike lawmakers. Justice Joseph Olubunmi Kayode Oyewole, who delivered the lead judgment, stated that the governor could not claim to be aggrieved by the Federal High Court’s ruling after his withdrawal.
As a result, the Court of Appeal prohibited Fubara from interfering with the House of Assembly’s operations, including withholding funds and removing the Clerk and Deputy Clerk. The court also ordered him to re-present the state budget to the House under the recognized Speaker, as mandated by Justice James Omotosho of the Federal High Court.
Justice Oyewole emphasized that Fubara’s decision to withdraw from the suit rendered any subsequent claims invalid. He criticized the governor for his inconsistent approach, stating that such conduct undermines legal principles and must not be tolerated in a democratic setting.
The court voided the passage of the 2024 budget, which had been approved by only four out of 32 members, labeling the action illegal and indicative of executive recklessness. Justice Oyewole condemned Fubara’s rapid approval of the budget within 24 hours as contrary to established legal norms.
