Governor Siminalayi Fubara of Rivers State faced a major legal setback on Thursday, October 10, 2024, as the Court of Appeal dismissed his attempt to challenge the defection of 27 members of the State House of Assembly from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The Appeal Court, in its ruling, upheld that Fubara had no grounds for his appeal, having previously withdrawn his opposition at the Federal High Court. Delivering the lead judgment, Justice Joseph Olubunmi Kayode Oyewole declared, “Governor Fubara, having voluntarily withdrawn from the case at the High Court, cannot now claim to be aggrieved by the judgment.”
Justice Oyewole further criticized the governor’s inconsistent legal approach, noting, “By coming before this court, Governor Fubara is blowing hot and cold at the same time, a stance that has no foundation in law. Parties must remain consistent in their legal strategy.”
As a result, the court barred Fubara from interfering with the operations of the House under Speaker Martin Amaewhule. Additionally, it prohibited the governor from withholding funds or making changes to the House’s administrative staff, including the Clerk and Deputy Clerk.
In a decisive ruling, the Court of Appeal also invalidated the passage of the 2024 state budget, which had been passed by just four out of the 32 assembly members.
The court condemned the act as “illegal” and contrary to democratic principles. Justice Oyewole stated, “Such executive recklessness—presenting a budget to only four members and signing it into law within 24 hours—has no place in governance.”
Governor Fubara has been ordered to re-present the 2024 budget to the full House under the leadership of Speaker Amaewhule, in line with an earlier judgment from the Federal High Court.
