Supreme Court of Nigeria
By Our Reporter
The Supreme Court on Friday ruled that the Central Bank of Nigeria and the Accountant-General of the Federation must halt the release of funds to the Rivers State Government until the Rivers House of Assembly is properly constituted in line with the 1999 Constitution.
The apex court also affirmed the Martins Amaewhule-led Rivers House of Assembly members as the valid lawmakers.
A five-member panel of the Supreme Court, in a unanimous decision delivered by Justice Emmanuel Akomaye Agim, declared that no funds should be disbursed to the Rivers State Government until a lawful Appropriation Act is enacted in the state.
Justice Agim specifically upheld the judgment of the Federal High Court, which barred the allocation of funds to the state government.
Justice Joyce Abdulmalik of the Federal High Court in Abuja had, on October 24, 2024, issued an order preventing the Central Bank of Nigeria from further disbursing monthly financial allocations to the Rivers State Government.
In her ruling, the judge also barred the Accountant-General of the Federation, Zenith Bank, and Access Bank, where the state holds accounts, from releasing funds to the government.
Justice Abdulmalik ruled that Rivers State Governor Siminalayi Fubara’s receipt and use of the state’s monthly allocations since January 2024 constituted a violation of the Constitution that could not be permitted to continue.
She also condemned Governor Fubara’s presentation of the 2024 budget to a four-member Rivers House of Assembly, stating that it was a direct violation of constitutional requirements.
Delivering judgment on the appeal brought before it by the 27 lawmakers, Justice Agim overturned the Court of Appeal ruling that had nullified the Federal High Court judgment on jurisdictional grounds and restored the trial court’s decision.
He declared, “The judgment of the Federal High Court is hereby affirmed.”
The Supreme Court further ruled, “The Rivers State allocation fund is to be withheld until the unconstitutional actions are rectified.”
Referring to the Appeal Court judgment that criticised Fubara for presenting the 2024 budget before only four Assembly members, Justice Akomaye likened the governor’s actions to “bigamy.”
The court reaffirmed that the presentation of the 2024 budget before four out of 31 members of the House of Assembly was unconstitutional and, therefore, void.
The justices criticised Fubara for demolishing the Rivers House of Assembly building, allegedly to prevent the 27 defected lawmakers from sitting, thereby forcing them to convene elsewhere to carry out legislative duties.
The court noted that it was becoming a pattern for those in executive power, when feeling threatened by impeachment, to resort to tactics such as demolishing buildings or other unconstitutional actions.
The court ruled, “Four members sitting as purported members of the House of Assembly in defiance of a subsisting court order is a nullity.”
The justices further stressed that the legislature is the core institution of governance and must be protected at all costs.
Justice Agim ordered that the Clerk and Deputy Clerk, who were unlawfully redeployed from the House of Assembly, be reinstated along with other Assembly staff.
The court criticised Fubara for using his immunity under Section 308 of the 1999 Constitution to justify unconstitutional actions, including demolishing the Assembly, working with only four lawmakers, disobeying court orders, and disregarding constitutional provisions.
“In my view, this is an act of indiscipline born out of executive power,” Justice Agim said.
“This is a joke taken too far,” he added.
Justice Agim further ruled that the 27 members of the House of Assembly must be allowed to resume their duties without interference.
“Government cannot function without one of its three arms. The governor’s illegal actions cannot be justified,” the court declared.
The Supreme Court also imposed a fine of ₦5 million against Fubara.
