The Supreme Court has affirmed the judgment of a federal high court that barred the Central Bank of Nigeria (CBN) and the accountant-general of the federation from releasing statutory monthly allocations to Rivers state.
The Supreme Court also ordered the Martins Amaewhule-led faction of the Rivers state house of assembly and other elected members of the house to resume sitting.
The Amaewhule-led faction of the Rivers assembly is loyal to Nyesom Wike, minister of the federal capital territory (FCT).
In the judgment delivered on Friday, a five-member panel of the Supreme Court faulted the Abuja court of appeal for voiding the judgment of the federal high court.
The federal high court had stopped the release of funds to Rivers after Siminalayi Fubara, governor of the state, failed to re-present the 2024 Appropriation Bill before the Amaewhule-led assembly.
Emmanuel Agim, who read the lead judgment, held that the 27 lawmakers alleged to have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) are still valid members of the Rivers assembly, pending the final determination of the suit challenging their status.
“The members of the Rivers state house of assembly who allegedly defected are still legitimate members of the house of assembly and have the power to conduct the business of the assembly,” the apex court held.
“Any other set of individuals purporting to be members of the Rivers state house of assembly led by any other person except Martins Amaewhule is a nullity and their actions null and void.”
Agim held that “by encouraging four out of the 32 members of the Rivers state house of assembly to continue to operate, the governor was operating using only 12.5% of the state assembly, which is illegal”.
“It is an act of indiscipline bordering on excessive use of power, and a joke taken too far which has no place in a democracy,” the judge said, citing the earlier ruling of the federal high court.
“The governor’s fear of impeachment is no justification for destroying a legitimate democratic institution.
“It is hereby ordered that the CBN and accountant-general of the federation should immediately cease releasing all funds, monies, revenue, accruing to the Rivers state government, pending the presentation and approval of a legitimate budget by Rivers state house of assembly led by Martins Amaewhule.”
The Supreme Court awarded a N5 million cost against Fubara.
