The Supreme Court, on Friday, reinstated its ruling that prevents the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing statutory monthly allocations to Rivers State.
The apex court also directed the faction of the Rivers State House of Assembly led by Hon. Martins Amaewhule, along with other elected members, to resume legislative activities without any interference.
The ruling overturns a previous decision by the Court of Appeal in Abuja, which had lifted the initial order blocking the release of funds to the state. The Supreme Court ruled that the Federal High Court in Abuja had the jurisdiction to hear the case brought by the 27 lawmakers who challenged Governor Siminalayi Fubara’s spending of state funds without their approval.
The dispute began after Governor Fubara refused to re-present the 2024 Appropriation Bill to the Amaewhule-led faction of the House. The governor had instead presented the budget to five lawmakers, arguing that the 27 others had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) and were no longer valid members of the Assembly.
However, the Supreme Court ruled that these lawmakers remain legitimate members of the Assembly until a final decision is made on their status. In its lead judgment delivered by Justice Emmanuel Agim, the court stated that the Court of Appeal had misunderstood the core issue of the case by focusing only on the consolidated revenue of Rivers State.
“This wrong view influenced it to hold that the subject matter was not within the power of the Federal High Court,” the Supreme Court noted, adding that the real issue was Governor Fubara’s refusal to obey a court order requiring him to present the budget to the full Assembly.
The court also dismissed Fubara’s argument that he had to invoke the doctrine of necessity due to the lawmakers’ alleged defection. It ruled that the doctrine of necessity could not be used to justify an illegal action.
Furthermore, the Supreme Court criticized Governor Fubara, accusing him of undermining the state government out of fear of impeachment. It also imposed a fine of N5 million against him.
