27 Pro-Wike lawmakers: Appeal Court Upholds Judgment Of Federal High Court Against Fubara
By Vivian Michael, Abuja
The Court of Appeal, Thursday, dismissed an appeal brought 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The appallate court held that Fubara has no basis to bring out the appeal having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court.
The court also held that Fubara engaged in executive recklessness that are unknown to law by presenting budget to only 4 members and signing same to law under 24 hours.
Delivery the lead judgement, Justice Joseph Olubunmi Kayode Oyewole maintained that the governor, having withdrawn from the case cannot claim to be aggrieved with the judgment of the federal high court.
It therefore, barred Fubara from intervening with affairs of the House of Assembly under Rt Hon.
Also, the judgement 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 Fubara’s mistake was in withdrawing from the suit in the lower court which cannot be redeemed by any known advocacy.
The judgement further 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.
According to the court, approaching the court was approbating and reprobating and blowing hot and cold at the same time.
It added 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 of the ground of illegality that must not be allowed in a democratic setting.
