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Court dismisses Fubara’s appeal, annuls Ehie’s speakership 

The appellate court said that Mr Fubara had withdrawn his counter-affidavit at the Federal High Court.

• October 10, 2024
Edison Ehie/ Martins Amaewhule
Edison Ehie/ Martins Amaewhule

An Appeal Court sitting in Abuja has dismissed Rivers State Governor, Siminalayi Fubara’s appeal and upheld a judgement sacking Edison Ehie and stopping him from parading himself as Speaker of the state assembly.

A panel of three justices at the Court of Appeal on Thursday affirmed the judgement of the Federal High Court which in January set aside the N800-billion budget passed by Mr Ehie and four state legislators which was signed by the governor.

The court ordered Mr Fubara to pay N500,000 each to over 10 respondents in the suit.

The trial court had ruled in favour of Martins Amaewhule who sought an order to restrain Mr Fubara from meddling in the functions of the state assembly. The trial court recognised Mr Amaewhule as the Speaker of River State Assembly and voided Mr Ehie’s speakership.

The appellate court said that Mr Fubara had withdrawn his counter-affidavit at the Federal High Court, hence lost the right to appeal the matter unchallenged at the trial court.

“A party cannot approbate and reprobate,” stated the appeal court. “The challenges of the appeal by the appellant are self-inflicted.”

The Justices concluded that Mr Fubara’s appeal lacked merit.

“This appeal is bereft of merit and is accordingly dismissed. The judgment of the trial court is hereby affirmed,” the appeal court said in its judgement.

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