The Supreme Court on Friday reinstated its order 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 directed the faction of the Rivers State House of Assembly led by Hon. Martins Amaewhule, alongside other elected lawmakers, to resume legislative duties without hindrance.
It faulted the Court of Appeal in Abuja for vacating the initial ruling that halted the disbursement of funds to Rivers State after Governor Siminalayi Fubara failed to re-present the 2024 Appropriation Bill before the Amaewhule-led faction of the Assembly.
The court held that, contrary to the appellate court’s decision, the Federal High Court in Abuja had the jurisdiction to hear the case filed by the 27 lawmakers, who challenged the continued withdrawal and expenditure of state funds without Assembly approval.
In a lead judgment delivered by Justice Emmanuel Agim, a five-member panel of the Supreme Court ruled that the Court of Appeal misconstrued the crux of the dispute by limiting it to the consolidated revenue of Rivers State.
“This erroneous view led the appellate court to conclude that the subject matter was beyond the jurisdiction of the Federal High Court,” the Supreme Court stated, adding that the core issue was Governor Fubara’s refusal to comply with a subsisting court order mandating him to present the Appropriation Bill to the legally recognised Assembly.
The court upheld the ruling of the lower court, affirming that the 27 lawmakers who allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) remained valid members of the Rivers Assembly pending a final determination of their status.
It dismissed Governor Fubara’s argument that, due to the lawmakers’ defection, he was compelled to invoke the doctrine of necessity by presenting the Appropriation Bill to the remaining five lawmakers.
According to the apex court, the doctrine of necessity cannot be used to legitimise an illegal action.
Accusing Governor Fubara of destabilising governance due to his fear of impeachment, the Supreme Court awarded a cost of N5 million against him.
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