The Court of Appeal has dismissed an appeal brought before it by Rivers State Governor, Siminalayi Fubara seeking to remove 27 members of the State House of Assembly on account of their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The Abuja Division of the Appeal court said Fubara has no basis to file the appeal having withdrawn his opposition to the case of the pro-Wike lawmakers at the Federal High Court.
Justice Olubunmi Oyewole, who delivered the lead judgment held that the governor, having withdrawn from the case cannot claim to be aggrieved with the judgment of the federal high court.
The Court of Appeal then barred Fubara from intervening with affairs of the House of Assembly and also barred him from withholding the House of Assembly fund and removing the Clerk and Deputy Clerk from the House.
Also, the Court of Appeal ordered him to re-present the budget of the State to the House under the recognised Speaker Martins Amaewhule as contained in the judgment of Justice James Omotosho of the federal high court.
Justice Oyewole said that the error of Fubara in withdrawing from the suit in the federal high court cannot be redeemed by any court.
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.
He therefore voided and set aside the passage of the 2024 budget by 4 out of 32 members on the ground of illegality that must not be allowed in a democratic setting.
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