The Supreme Court has affirmed the judgment of a Federal High Court barring 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 ruled that the faction of the Rivers State House of Assembly led by Martins Amaewhule, which is loyal to Nyesom Wike, Minister of the Federal Capital Territory (FCT), must resume legislative activities.
In the judgment delivered on Friday, a five-member panel of the Supreme Court criticized the Court of Appeal in Abuja for overturning the earlier ruling of the Federal High Court. The lower court had halted the release of funds to Rivers State after Governor Siminalayi Fubara failed to re-present the 2024 Appropriation Bill before the Amaewhule-led assembly.
Justice Emmanuel Agim, who delivered the lead judgment, held that the 27 lawmakers accused of defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) remain legitimate members of the Rivers Assembly until a final ruling is made on 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 Supreme Court ruled.
The court further stated that any other group claiming to be the Rivers State House of Assembly, aside from the faction led by Amaewhule, is illegitimate and its actions null and void.
Agim also faulted Governor Fubara’s approach, stating that his reliance on only four out of 32 lawmakers to conduct legislative business was unconstitutional.
“It is an act of indiscipline bordering on excessive use of power, and a joke taken too far which has no place in a democracy,” the judge ruled, citing the earlier Federal High Court judgment.
“The governor’s fear of impeachment is no justification for destroying a legitimate democratic institution.”
Consequently, the Supreme Court ordered the CBN and the Accountant-General of the Federation to immediately stop the release of all funds, revenues, and allocations to the Rivers State government until the state presents and secures approval for a legitimate budget from the Rivers Assembly under Amaewhule’s leadership.
Additionally, the court imposed a fine of N5 million against Governor Fubara.
