Court of Appeal Dismisses Governor Fubara’s Appeal to Remove 27 Rivers Lawmakers

 

The Court of Appeal in Abuja has dismissed an appeal by Rivers State Governor, Siminalayi Fubara, which sought to remove 27 members of the State House of Assembly who defected from the People's Democratic Party (PDP) to the All Progressives Congress (APC).

In its ruling on Thursday, the court held that Fubara had no grounds for his appeal, having previously withdrawn his opposition to the case at the Federal High Court, where the lawmakers loyal to former Governor Nyesom Wike were involved. The lead judgment, delivered by Justice Joseph Olubunmi Kayode Oyewole, stated that the governor could not claim to be aggrieved by the Federal High Court’s decision after voluntarily stepping back from the case.

The Court of Appeal further barred Governor Fubara from intervening in the internal affairs of the House of Assembly, including withholding funds or removing the Clerk and Deputy Clerk. Additionally, the court ordered him to resubmit the state’s budget to the House under its legally recognized Speaker, as per the earlier ruling by Justice James Omotosho of the Federal High Court.

Justice Oyewole criticized Fubara for his decision to withdraw from the original case, saying the governor's actions could not be legally justified or remedied. He noted that the governor’s appeal held no value since it could not reverse his admission of the issues raised against him through his withdrawal.

The court condemned Governor Fubara’s inconsistent approach, labeling it "approbating and reprobating" — a legal term describing someone acting contradictory — and stated that such behavior had no standing in law.

In a significant move, the Court of Appeal also nullified the passage of the 2024 state budget, which had been approved by only four out of 32 assembly members. Justice Oyewole declared the action illegal and emphasized that such undemocratic behavior could not be tolerated. He further criticized Fubara’s "executive recklessness" for presenting and signing the budget into law within 24 hours with minimal legislative approval, underscoring the importance of adhering to legal processes in governance.