Supreme Court Reinstates Order Halting Rivers State Allocations

On Friday, the Supreme Court reinstated the judgment that prevented 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 Hon. Martins Amaewhule-led faction of the Rivers State House of Assembly and other elected members to resume their duties without hindrance.

The court criticized the Abuja Division of the Court of Appeal for overturning the initial order that halted the release of funds to Rivers State from the consolidated revenue. This followed Governor Siminalaye Fubara’s refusal to present the 2024 Appropriation Bill to the Hon. Martins Amaewhule-led faction of the Rivers State House of Assembly.

Contrary to the appellate court’s decision, the Federal High Court in Abuja had the jurisdiction to hear the case filed by the Amaewhule-led 27 lawmakers, who challenged the ongoing withdrawal and expenditure of state funds without the State Assembly’s approval.

A five-member panel of the Supreme Court, in its lead judgment delivered by Justice Emmanuel Agim, stated that the appellate court misunderstood the core issue by focusing solely on the consolidated revenue of Rivers State.

“This incorrect perspective led to the conclusion that the Federal High Court lacked the authority to address the matter,” the Supreme Court remarked, emphasizing that the primary issue was Governor Fubara’s disregard for a court order requiring him to present the Appropriation Bill to the legitimate Assembly.

The court upheld that the 27 lawmakers who allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) remain valid members of the Rivers Assembly until their status is conclusively determined.

The Supreme Court rejected Governor Fubara’s assertion that he had to invoke the doctrine of necessity to present the Appropriation Bill to the only five remaining members of the Assembly due to the lawmakers’ defection.

The court declared that the doctrine of necessity could not be used to justify illegal actions.

The Supreme Court accused Governor Fubara of undermining the government out of fear of impeachment and imposed a cost of N5 million against him.