- Supreme Court reinstated ruling barring the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to Rivers State
- The court ordered immediate resumption of sittings by the Amaewhule-led faction of Rivers Assembly
- A N5 million fine was imposed on Governor Fubara for undermining the state's democratic institutions
The Supreme Court has reinstated a ruling barring the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing monthly statutory allocations to Rivers State.
The court also ordered the Honourable Martins Amaewhule-led faction of the Rivers State House of Assembly, alongside other elected members, to resume sittings immediately.
Supreme Court criticises court appeal, orders suspension of funds
In its decision on Friday, February 28, the apex court criticised the Abuja Division of the Court of Appeal for overturning the initial order that halted the release of funds to the state.
The Supreme Court held that the decision to stop the funds was linked to Governor Siminalaye Fubara’s failure to re-present the 2024 Appropriation Bill to the valid Assembly led by Hon. Amaewhule.
The court ruled that the Federal High Court in Abuja had the proper jurisdiction to handle the suit filed by the 27 lawmakers led by Amaewhule. They had challenged the continuous withdrawal and spending of state funds without the approval of the Assembly.
The court emphasised that the core issue was the governor's refusal to comply with a court order requiring him to present the budget to the legitimate Assembly.
A five-member panel, delivering the lead judgment by Justice Emmanuel Agim, found that the Court of Appeal had wrongly focused solely on the state's consolidated revenue, misinterpreting the case.
The Supreme Court noted that the real issue was the governor’s non-compliance with a valid court directive.
Court upholds validity of 27 Rivers lawmakers despite defections
Furthermore, the Supreme Court rejected Governor Fubara’s argument that he had to present the Appropriation Bill to only five members of the Assembly due to defections.
The court stated that the doctrine of necessity could not justify an illegal action. It also upheld that the 27 lawmakers, despite their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), remain valid members of the Assembly until a final determination of their status.
“The members of the Rivers state house of assembly who allegedly defected are still legitimate members of the house of assembly and have the power to conduct the business of the assembly,” the apex court held.
The court also criticised the governor’s actions, accusing him of undermining the state government out of fear of impeachment. As a result, it imposed a N5 million fine on Governor Fubara.
“The governor’s fear of impeachment is no justification for destroying a legitimate democratic institution.
“It is hereby ordered that the CBN and accountant-general of the federation should immediately cease releasing all funds, monies, revenue, accruing to the Rivers state government, pending the presentation and approval of a legitimate budget by Rivers state house of assembly led by Martins Amaewhule.”
NLC threatens to withdraw services over court ruling on Rivers state allocation
Meanwhile, TheRadar earlier reported that the Nigeria Labour Congress (NLC) planned to withdraw members if the court ruling on allocations harms welfare.
Chairman Alex Agwanwo, emphasised the judgment's lack of empathy and potential for widespread suffering.