Attempts by the Rivers State Governor, Mr. Siminalayi Fubara to remove 27 members of the State House of Assembly on account of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC) suffered a terrible blow on Thursday as the Court of Appeal dismissed an appeal brought before it by the Governor.

Justice Joseph Olubunmi Kayode Oyewole who delivered the lead judgment held that the governor, having withdrawn from the case cannot claim to be aggrieved with the judgment of the Federal High Court which issued several orders against him.

Specifically, the Court held that Governor Fubara has no basis to bring out the appeal having withdrawn his opposition to the case of the 27 pro-Wike lawmakers at the Federal High Court in Abuja on the alleged intervention of President Bola Ahmed Tinubu without any document to back up the claim.

Consequently, the Court of Appeal restrained Governor Fubara from intervening in the affairs of the House of Assembly under Rt Hon Amaewhule Martins. In addition, the Court also barred the governor from withholding the House of Assembly fund and also removing or redeploying the Clerk and Deputy Clerk from the House of Assembly.

The Court of Appeal also ordered the governor to re-present the 2024 budget of the State to the House of Assembly under the recognized Speaker, Hon. Amaewhule Martins as contained in the judgment of Justice James Omotosho of the federal high court.

Justice Oyewole said no advocacy could redeem the legal blunder committed by Governor Fubara in withdrawing from the suit at the Federal High Court.

The Court 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 continued with the proceedings.

Justice Oyewole said by appealing the judgement of the lower court, the governor was approbating and reprobating and blowing hot and cold at the same time stressing that such conduct had no basis in law as parties are expected to be consistent in their approach to court matters.

Consequently, Justice Oyewole voided and set aside Governor Fubara’s presentation of Rivers 2024 budget to only four out of 32 members of the House and the passage of the budget by four out of 32 members on the grounds of illegality that must not be allowed in a democratic setting.

The Court also held that Governor Fubara engaged in executive recklessness that is unknown to law by presenting the budget to only four members and signing same to 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, the governor acted lawlessly and treated the order of the court with levity and disdain by proceeding to table the budget before a group of four members as against two-thirds of the House members required by law.

His words: “It is a notorious fact that facts, claims, and allegations not challenged, not disputed are deemed admitted in law. The governor was alleged to have demolished parts of the House of Assembly and 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 high court. 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 presided over by Justice James Omotosho 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 Hon. Ehie Edison, as an aberration and illegality.

It consequently ordered Governor Fubara to re-present the budget to the Hon. Martins Amaewhule-led Assembly.

The suit filed by the 27 members of the Assembly loyal to former governor of the state and Federal Capital Territory (FCT) Minister, Nyesom Wike filed the suit which got the blessings of the lower court.

Listed as defendants of 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 Governor Fubara, Hon. 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 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, Governor Fubara presented the budget that the four lawmakers loyal to him passed. The governor also prevented the pro-Wike legislators from sitting by demolishing a 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 30 November 2023 order subsisted amounted to a nullity.

He said the governor 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 Hon. Amaewhule from sitting or interfering in its activities.

He also described as unlawful, Governor Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly, stating that the action amounted to an affront on separation of power.

The judge 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 also ordered the Inspector General of Police (IGP) to immediately deploy his operatives to the Assembly complex.

The judge also barred the National Assembly from taking over the Assembly or accepting or treating any request by Governor Fubara on any matter affecting the Legislature.