The Supreme Court, on February 28, reinstated a judgment that barred the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing statutory monthly allocations to Rivers State. The apex court further ordered the Hon. Martins Amaewhule-led faction of the Rivers State House of Assembly, along with other elected members, to immediately resume sittings without obstruction.
The court criticized the Abuja Division of the Court of Appeal for overturning the original order that stopped the release of funds to the state, which followed Governor Siminalaye Fubara’s failure to re-present the 2024 Appropriation Bill to the House. The Supreme Court ruled that, contrary to the appellate court’s decision, the Federal High Court in Abuja was within its rights to hear the case brought by the 27 lawmakers from the Amaewhule-led faction. The lawmakers challenged the continued withdrawal and use of state funds without the approval of the Assembly.
In a judgment delivered by Justice Emmanuel Agim, the five-member panel of the Supreme Court ruled that the appellate court had misunderstood the core issue by focusing solely on the state’s consolidated revenue. The Court emphasized that the central issue was Fubara’s refusal to comply with a valid court order, which required him to present the Appropriation Bill to the duly recognized Assembly.
The Court also agreed with the Federal High Court’s ruling that the 27 lawmakers who allegedly defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC) remain valid members of the Assembly, pending a final decision on their status. The Supreme Court rejected Governor Fubara’s argument that the doctrine of necessity justified presenting the Appropriation Bill to just five members of the Assembly, ruling that the doctrine could not be used to legitimize an illegal action.