The Supreme Court of Nigeria has reinstated its ruling preventing the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from disbursing statutory monthly allocations to Rivers State. Additionally, the court ordered that the faction of the Rivers State House of Assembly, led by Hon. Martins Amaewhule, along with other elected members, must resume their legislative duties without any interference.
The ruling overturned the decision of the Court of Appeal in Abuja, which had previously nullified an initial order halting the release of funds to the state. The Supreme Court criticized the appellate court’s reasoning, stating that it had wrongly focused on the issue of Rivers State’s consolidated revenue rather than the governor’s refusal to comply with a court order.
At the heart of the legal dispute was Governor Siminalayi Fubara’s failure to re-present the 2024 Appropriation Bill before the Amaewhule-led faction of the Assembly. The Supreme Court ruled that the Federal High Court in Abuja had the jurisdiction to entertain the lawsuit filed by the 27 lawmakers, who sought to challenge the state government’s continued expenditure without legislative approval.
Justice Emmanuel Agim, who delivered the lead judgment on behalf of a five-member panel, affirmed that the lawmakers who allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) remain valid members of the Assembly until a final decision is reached on their status. The court dismissed Governor Fubara’s argument that their defection warranted the invocation of the doctrine of necessity, emphasizing that such a principle could not be used to justify illegal actions.
Furthermore, the Supreme Court accused Fubara of undermining governance due to his fear of impeachment and imposed a fine of ₦5 million against him.