…ordered to represent 2024 budget
By Kenneth Atavti
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 People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The court on Thursday in Abuja said that Fubara has no basis to bring out the appeal having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court.
Justice Joseph Olubunmi Kayode Oyewole who delivered the lead judgment held that the Governor, having withdrawn from the case, cannot claim to be aggrieved with the judgment of the Federal High Court.
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 recognized 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 rose 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 grounds of illegality that must not be allowed in a democratic setting.
The court also held that Fubara engaged in executive recklessness that is unknown to law by presenting a budget to only 4 members and signing the same to law within 24 hours.
According to the appellate court, Fubara, shot himself on the foot when he voluntarily withdrew a counter-affidavit he filed to challenge a legal action the Amaewhule-led lawmakers instituted to be recognised as valid members of the Rivers State House of Assembly.
The court held that governor Fubara’s decision to present the 2024 Rivers State Appropriation Bill to only four out of 31 members of the Assembly amounted to a gross violation of section 91 of the 1999 Constitution, as amended.
Nigerian Pilot recalled that the Rivers State Assembly was fractionalised owing to the frosty relationship between Governor Fubara and his predecessor and Minister of the Federal Capital Territory, FCT, Nyesom Wike.