BREAKING: Supreme Court upholds judgement barring Rivers State allocations, faults Fubara’s actions

The Supreme Court has 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.

In its ruling on Friday, the apex court also directed the faction of the Rivers State House of Assembly led by Hon. Martins Amaewhule, along with other elected members, to resume sitting without any interference.

The court criticized the Abuja Division of the Court of Appeal for overturning the initial order that stopped the release of funds to Rivers State. The order was issued following Governor Siminalayi Fubara’s refusal to re-present the state’s 2024 Appropriation Bill before the Amaewhule-led lawmakers.

The Supreme Court ruled that the Federal High Court in Abuja had the jurisdiction to hear the case filed by the 27 lawmakers, who challenged the withdrawal and expenditure of state funds without Assembly approval.

A five-member panel of the Supreme Court, led by Justice Emmanuel Agim, held that the appellate court misunderstood the central issue by focusing only on Rivers State’s consolidated revenue.

“This wrong view influenced it to hold that the subject matter was not within the power of the Federal High Court,” the Supreme Court stated. It clarified that the key issue was Governor Fubara’s refusal to comply with a subsisting court order requiring him to present the Appropriation Bill to a legally recognized Assembly.

The court upheld the Federal High Court’s position 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 a final decision is made on their status.

It also dismissed Governor Fubara’s argument that, due to the lawmakers’ defection, he had to invoke the doctrine of necessity by presenting the Appropriation Bill to the five remaining Assembly members.

According to the Supreme Court, the doctrine of necessity cannot be used to justify an illegal action.

The court accused Governor Fubara of destabilizing the government out of fear of impeachment and imposed a fine of N5 million against him.