Fubara In Trouble As Appeal Court Endorses Amaewhule As Speaker, Rivers Assembly
…Orders Fubara to represent 2024 State budget to Assembly
The Court of Appeal on Thursday, October 10, 2024, dismissed an appeal brought before it by Governor Siminalayi Fubara of Rivers State seeking the removal of the 27 members of the State House of Assembly that defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The appellate Court held that Fubara has no basis to bring out the appeal having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court.
Justice Joseph Olubunmi Kayode Oyewole, who delivered the lead judgment held that Governor Fubara having withdrawn from the case at the High Court cannot claim to be aggrieved with the judgment of the Federal High Court.
Accordingly, the Appeal Court barred Fubara from intervening with affairs of the House of Assembly under Hon Amaewhule and also barred him from withholding the House of Assembly fund and removing the Clerk and Deputy Clerk from the House.
The Appeal Court further ordered Fubara to re-present the 2024 budget of the State to the House of Assembly 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 and 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 held that by coming to the court, Governor Fubara was approbating and reprobating as well as blowing hot and cold at the same time, stressing that such conduct had no basis in law as parties must be consistent in their approach to court matters.
Accordingly, the Appeal Court voided and set aside the passage of the 2024 budget by four out of 32 members of the ground of illegality that must not be allowed in a democratic setting.
It also held that the Rivers State Governor engaged in executive recklessness that are unknown to law by presenting budget to only four members and signing same into law under 24 hours.
