By Ayodele Oni and Akinwale Kasali
Confirms Amaewhule as Speaker of House of Assembly
More troubles loom for Rivers State Governor, Siminalayi Fubara, as the Court of Appeal has ordered him to represent the 2024 appropriation bill to the Lawmakers loyal to his predecessor, Nyesome Wike .
With the judgement delivered on Thursday by the Court of Appeal, Abuja, Fubara has lost the grip of the state House of Assembly, firmly in the hands of Wike.
18 of the 23 Lawmakers of the Assembly are loyal to the Minister of the Federal Capital Territory (FCT), Wike.
The Court of Appeal dismissed an appeal brought before it by 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The Court said that Fubara has no basis to bring out the appeal having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court.
Justice Joseph Olubunmi Kayode Oyewole who delivered the lead judgment held that the governor, having withdrawn from the case cannot claim to be aggrieved with the judgment of the Federal High Court.
Consequently, the Court of Appeal barred Fubara from interfering with the affairs of the House of Assembly under Rt Hon the Rt. Hon. Martin Amaewhule.
The Appellate Court, also, barred him from withholding the House of Assembly funds and removing the Clerk and Deputy Clerk from the House.
Justice Oyewole maintained that Fubara’s blunder in withdrawing from the suit in the Federal High Court cannot be redeemed by any known advocacy.
The Judge also held that the Governor’s appeal 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.
By coming to the court, Justice Oyewole said that Fubara was approbating and reprobating and blowing hot and cold at the same time adding 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 four out of 23 members on the ground of illegality that must not be allowed in a democratic setting.
The Court, also, held that Fubara engaged in executive recklessness that are unknown to law by presenting budget to only four members and signing same to law within 24 hours.
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