The Supreme Court has ruled that the Central Bank of Nigeria (CBN), the Accountant General of the Federation, and other financial agencies must halt the release of funds to the Rivers State Government until the state complies with previous court rulings. The apex court condemned the actions of Governor Siminalayi Fubara as “flagrant disobedience” to judicial orders.
Delivering a unanimous judgment on Friday, Justice Emmanuel Akomaye, on behalf of a five-member panel, dismissed a cross-appeal by Governor Fubara challenging the legitimacy of the Rivers State House of Assembly led by Speaker Martin Amaewhule. The court ordered Amaewhule and all elected lawmakers to resume legislative duties immediately.
The justices faulted Fubara’s decision to present the state’s 2024 budget to a four-man Assembly, describing it as unconstitutional and a violation of a court order that required him to present the budget before a properly constituted legislature. The court further stated that denying representation to 28 constituencies amounted to “brigandage and dictatorship,” accusing the governor of attempting to cripple the legislature due to fears of impeachment.
The ruling also overturned the Court of Appeal’s decision to vacate a Federal High Court order that had initially halted the disbursement of Rivers State funds. The Supreme Court held that the lower court had jurisdiction over the case and upheld its decision to prevent the continued withdrawal of state funds without legislative approval.
In dismissing Governor Fubara’s argument that the lawmakers had defected to the All Progressives Congress (APC), the court affirmed that they remained valid members of the House of Assembly until a final ruling on their status. It rejected Fubara’s justification for bypassing the House and ruled that the “doctrine of necessity” could not be used to validate an illegal action.
The Supreme Court accused Fubara of undermining the government to avoid impeachment and imposed a fine of N5 million against him.