The Supreme Court on Friday reinstated an order barring the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing statutory monthly allocations to Rivers State.
The ruling also directed the Hon. Martins Amaewhule-led faction of the Rivers State House of Assembly and all elected members to resume sitting without hindrance.
The apex court faulted the Abuja Court of Appeal’s decision to vacate an earlier order that halted the release of funds. The dispute arose after Governor Siminalaye Fubara refused to present the 2024 Appropriation Bill to the Amaewhule-led faction of the Assembly.
In the lead judgment delivered by Justice Emmanuel Agim, the Supreme Court emphasized that the Federal High Court in Abuja had the jurisdiction to hear the lawsuit filed by the 27 lawmakers challenging the withdrawal and expenditure of state funds without legislative approval.
The court rejected Governor Fubara’s argument that he had to invoke the doctrine of necessity by presenting the budget to the remaining five Assembly members following the alleged defection of 27 lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
“The doctrine of necessity cannot be used to justify an illegal action,” the court ruled, accusing Fubara of undermining governance to avoid impeachment.
The Supreme Court also awarded a N5 million cost against Governor Fubara, solidifying the power struggle in Rivers State’s political landscape.
