The Court of Appeal in Abuja on Thursday dismissed the appeal filed by Governor Siminalayi Fubara of Rivers State against the decision of Federal High Court Abuja that validated the tenure of 27 pro Wike members of Rivers State House of Assembly.
In a unanimous judgment the Court of Appeal affirmed the decision of a trial court judge, Justice James Omotosho of the Federal High Court Abuja who on January 22, 2024 delivered a judgement that validated the tenures of 27 members of People Democratic Party ,PDP, Rivers state House of Assembly who in November 2023 announced their defection to All Progressives Congress, APC.
Appeal Court held that Gov. Fubara has no basis to file the appeal having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court.
Justice Joseph Olubunmi Kayode Oyewole who delivered the lead judgment held that the governor, having withdrawn from the case cannot claim to be aggrieved with the judgment of the federal high court.
Recalled that following the intervention of President Bola Tinubu in the crisis between Gov. Fubara and the minister of Federal Capital Territory Nyesom Wike, the withdrew all the processes he had filed on matter including motion on notice, counter affidavit, counter affidavit in opposition to the originating summon, etc.
The Court of Appeal agreed with the lower court that the effect of the
withdrawal processes was that Gov Fubara conceded and agreed with the plaintiffs that their allegations contained in their supporting affidavit were the correct facts of matter.
It said that the order made by the lower court was based on uncontradicted facts before it which can not be faulted, among which was of the fact that four members of the house can not form quorum of 31 members house of Assembly.
Consequently, the Court of Appeal barred Fubara from intervening with affairs of the House of Assembly under Rt Hon. Martin Amaewhule.
The appellate court also barred him from withholding the House of Assembly fund and from removing the Clerk and Deputy Clerk from the House.
The Court of Appeal ordered Gov Fubara to re-present the 2024 budget to the Rivers state House Assembly under the recognized Speaker as contained in the judgment of Justice James Omotosho of the federal high court.
The justices of Court of Appeal further with the lower court that the blunder committed by Gov. Fubara in withdrawing from the suit in the federal high court cannot be redeemed by any known advocacy.
The Court said the appeal filed by 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.
They said Fubara was approbating and reprobating and blowing hot and cold at the same time with the appeal adding that such conduct had no basis in law as parties must be consistent in their approach to court matters.