A legal battle in Rivers State takes an unexpected turn as the Court of Appeal delivers its verdict.
The Daily Post Nigeria reported that the Court of Appeal in Abuja has dismissed Governor Siminalayi Fubara's appeal seeking to remove 27 members of the Rivers State House of Assembly who defected from the People's Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Joseph Olubunmi Kayode Oyewole, who delivered the lead judgment, stated that Governor Fubara had no basis for the appeal. This decision stems from Fubara's withdrawal of his opposition to the case of the 27 pro-Wike lawmakers at the Federal High Court in Abuja, allegedly due to intervention by President Bola Tinubu.
The Court of Appeal's ruling has significant implications for the governance of Rivers State. The court has barred Governor Fubara from intervening in the affairs of the House of Assembly under Rt. Hon.
Amaehule Martins. Additionally, the governor is prohibited from withholding funds from the House of Assembly and from removing or redeploying the Clerk and Deputy Clerk.
In a move that further solidifies the court's stance, Governor Fubara has been ordered to re-present the 2024 budget of the State to the House under the recognized Speaker, Amaehule Martins. This order aligns with the previous judgment of Justice James Omotosho of the Federal High Court.
Justice Oyewole criticized Fubara's decision to withdraw from the suit at the Federal High Court, describing it as a "terrible blunder" that cannot be redeemed by any known advocacy. The court also deemed the governor's appeal as having no utilitarian value, as it cannot confer any advantage on him after losing his legal rights by admitting all allegations raised against him by the 27 lawmakers.
The Court of Appeal's ruling also addressed the controversial presentation of the Rivers 2024 budget.
The court voided and set aside Fubara's presentation of the budget to only 4 out of 32 members of the House and its subsequent passage. This action was deemed illegal and described as "executive recklessness" that is unknown to the law.
Justice Oyewole emphasized that 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, contrary to the two-thirds of House members required by law. The court's decision underscores the importance of adhering to legal processes in governmental operations.
The ruling affirms the earlier decision of the Federal High Court in Abuja, which, on January 22, 2024, nullified the passage of Rivers State's N800 billion 2024 budget by four members of the House of Assembly. The lower court had described the bill's passage as an aberration and illegality, ordering Governor Fubara to represent the budget to the Amaehule Martins-led Assembly.
This legal saga highlights the ongoing political tensions in Rivers State, particularly between Governor Fubara and supporters of former governor Nyesom Wike. The court's decision emphasizes the need for proper legislative procedures and respect for judicial orders in the governance of the state.
The Court of Appeal's ruling reinforces the importance of constitutional processes in state governance. It underscores the judiciary's role in maintaining checks and balances within the political system. The implications of this decision are likely to resonate beyond Rivers State, serving as a precedent for similar cases in Nigeria's political landscape.
