The Supreme Court of Nigeria has reinstated the ruling that prevents the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from disbursing statutory monthly allocations to Rivers State.
In its judgment, the apex court 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 hindrance.
The court criticized the Abuja Division of the Court of Appeal for overturning the initial order that halted the release of funds.
It ruled that the Federal High Court in Abuja had the jurisdiction to hear the case brought by the 27 lawmakers led by Amaewhule, who challenged Governor Siminalayi Fubara’s continued withdrawal and expenditure of state funds without Assembly approval.
Delivering the lead judgment, Justice Emmanuel Agim, on behalf of a five-member panel, faulted the appellate court’s decision, stating that it had misinterpreted the core issue by focusing solely on Rivers State’s consolidated revenue.
The Supreme Court emphasized that the central matter was Governor Fubara’s refusal to comply with a court order directing him to re-present the 2024 Appropriation Bill before the House of Assembly.
The court upheld the validity of the 27 lawmakers, who allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), until their status is conclusively determined.
It also dismissed Governor Fubara’s argument that their defection justified invoking the doctrine of necessity to present the budget before only five remaining lawmakers, stating that the doctrine could not be used to justify an illegal act.
Furthermore, the court accused Governor Fubara of undermining governance due to his fear of impeachment and imposed a N5 million cost against him.
