The Supreme Court of Nigeria on Friday reinstated its order barring the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from disbursing statutory monthly allocations to Rivers State.
In a significant ruling, the apex court also directed the faction of the Rivers State House of Assembly led by Hon. Martins Amaewhule, along with other elected lawmakers, to resume legislative activities without hindrance.
The court faulted the Abuja Division of the Court of Appeal for overturning the initial ruling that halted the release of funds to Rivers State. The appeal court’s decision was based on Governor Siminalayi Fubara’s failure to re-present the 2024 Appropriation Bill before the Amaewhule-led Assembly faction.
Delivering the lead judgment, Justice Emmanuel Agim, speaking on behalf of a five-member panel, held that the appellate court had misunderstood the core issue in dispute. He noted that the matter was not merely about the state’s consolidated revenue but about the governor’s refusal to obey a court order requiring him to present the budget to the validly constituted House of Assembly.
The Supreme Court upheld the decision of the Federal High Court in Abuja, affirming that it had the jurisdiction to entertain the lawsuit filed by the 27 lawmakers challenging the withdrawal and expenditure of state funds without legislative approval.
Additionally, the court ruled that the 27 lawmakers, who allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), remained legitimate members of the Rivers Assembly until a final determination of their status.
Governor Fubara’s argument that their defection justified his decision to present the budget to only five remaining lawmakers was dismissed. The court ruled that invoking the doctrine of necessity to justify an illegal act was unacceptable.
The justices accused Governor Fubara of undermining the government due to fears of impeachment. As a consequence, the court imposed a fine of N5 million against him.
