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).….Read Full Article>>....Read Full Article>>
The Court on Thursday in Abuja said that Fubara has no basis to bring the appeal, having withdrawn his opposition to the case of the 27 pro-Wike lawmakers at the Federal High Court in Abuja on alleged intervention by President Bola Tinubu without any document to back up the claim.
Justice Joseph Olubunmi Kayode Oyewole, who delivered the lead judgment, held that the governor, having withdrawn from the case, cannot claim to be aggrieved by the judgment of the Federal High Court, which issued several orders against him.
Consequently, the Court of Appeal barred Fubara from intervening in the affairs of the House of Assembly under Rt. Hon. Amaehule Martins.
The Appellate Court also barred him from withholding the House of Assembly fund and from removing or redeploying the Clerk and Deputy Clerk from the House of Assembly.
Similarly, the Court of Appeal ordered him to re-present the 2024 budget of the State to the House under the recognized Speaker, Amaehule Martins, 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 at the Federal High Court proceedings was so terrible and 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 allegations raised against him by the 27 lawmakers and with his voluntary withdrawal from the suit, even when other parties continue with the proceedings.
By coming to the Court of Appeal, Justice Oyewole said that Fubara was approbating and reprobating, blowing hot and cold at the same time, adding that such conduct had no basis in law, as parties are expected to be consistent in their approach to court matters.
He therefore voided and set aside Fubara’s presentation of the Rivers 2024 budget to only 4 out of 32 members of the House and the passage of the budget by 4 out of 32 members on the 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 the budget to only 4 members and signing the same into law under 24 hours.
Justice Oyewole recalled an earlier order of the Federal High Court which initially restrained him from taking any step in respect of the House of Assembly during the pendency of the suit.
According to him, Fubara acted lawlessly and treated the order of the court with levity and disdain by proceeding to table the budget before a group of 4 members as against two-thirds of the House members required by law.
“It is a notorious fact that facts, claims, and allegations not challenged and not disputed are deemed admitted in law. The governor was alleged to have demolished parts of the House of Assembly, redeployed the Clerk and Deputy Clerk of the House, and yet none of the allegations was disputed.
“Rather, he voluntarily withdrew all the processes and opted out of the case against him at the Federal Government. His journey to this Court of Appeal is unknown to law.
“Having withdrawn from the case, he can no longer claim to be aggrieved by the judgment of the same High Court. He has lost the legal right to make any complaint against the judgment.
“His appeal to this court is bereft of merit and is hereby dismissed for want of merit,” Justice Oyewole said in the unanimous judgment.
The Federal High Court in Abuja had on January 22, 2024, nullified the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly.
The court had described the bill’s passage by the four lawmakers, led by Ehie Edison, as an aberration and illegality.
It consequently ordered Governor Siminalayi Fubara to represent the budget to the Amaehule Martins-led Assembly.
The lower court judgment, delivered by Justice James Omotosho, was on a suit filed by the 27 members of the Assembly loyal to former governor of the state and Federal Capital Territory (FCT) Minister, Nyesom Wike.
Listed as defendants in the suit marked FHC/ABJ/CS/1613/2023 are the National Assembly, the Senate, the House of Representatives, and the Clerk to the National Assembly.
Others include Fubara, Edison, the Rivers State Civil Service Commission, and the Inspector-General of Police (IGP).
Justice Omotosho had, while ruling on an ex-parte motion by the 27 legislators, issued an interim order restraining Fubara and his agents from obstructing the pro-Wike legislators from carrying out their constitutional duties.
He had also restrained the governor from removing/redeploying the Clerk of the Assembly and withholding funds meant for the Assembly, pending the determination of the substantive suit.
But, while the order subsisted, Fubara presented the budget that the four lawmakers loyal to him passed. The governor also prevented the pro-Wike legislators from sitting by demolishing part of the Assembly complex and withholding funds for legislative functions.
Delivering judgment, Justice Omotosho had held that the four lawmakers’ passage of the budget and other actions taken while the November 30 order subsisted amounted to nullity.
He had said Fubara acted like a tyrant in the manner the Assembly complex was partially demolished and funds for legislative activities withheld.
The judge issued an order restraining Fubara from frustrating the Assembly led by Amaehule from sitting or interfering in its activities.
He had also described as unlawful Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly, stating that the action amounted to an affront to the separation of powers.
Justice Omotosho had ordered the Clerk and the Deputy Clerk to resume office immediately and unhindered.
Apart from also asking Fubara to promptly release all monies standing to the credit of the Assembly, he had ordered the Inspector-General of Police (IGP) to immediately deploy his operatives to the Assembly complex.
The judge had also barred the National Assembly from taking over the assembly or accepting or treating any request by Fubara on any matter affecting the legislature.
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