Supreme Court Ruling on Rivers State Allocations

 The Supreme Court has reinstated the judgment barring the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing statutory monthly allocations to Rivers State. This decision marks a significant turn in the ongoing legal dispute surrounding the governance and financial administration of the state.

In its ruling, the Supreme Court ordered the faction of the Rivers State House of Assembly led by Hon. Martins Amaewhule, along with other elected members, to resume their legislative duties without obstruction. The court found fault with the previous decision of the Court of Appeal, which had vacated the initial order preventing the release of funds to the state. This restriction had been imposed due to Governor Siminalayi Fubara’s failure to re-present the 2024 Appropriation Bill to the Assembly led by Amaewhule.

The court held that the Federal High Court in Abuja had the jurisdiction to hear the case brought by the 27 lawmakers, who challenged the continued withdrawal and expenditure of state funds without Assembly approval. The Supreme Court criticized the appellate court’s reasoning, stating that it had misinterpreted the key issue by focusing solely on the consolidated revenue of Rivers State. Instead, the central matter was the governor’s refusal to comply with a standing court order requiring him to present the Appropriation Bill to the Assembly.

Furthermore, the ruling affirmed that the 27 lawmakers, who were alleged to have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), remain valid members of the Rivers State House of Assembly until a final determination of their status is made.

The Supreme Court dismissed Governor Fubara’s argument that he had invoked the doctrine of necessity by presenting the Appropriation Bill to the five remaining members of the Assembly. The court ruled that this doctrine could not be used to justify actions deemed illegal under the law.

In a firm rebuke, the court accused the governor of undermining the stability of governance due to concerns over potential impeachment. As part of its ruling, a cost of N5 million was awarded against him.

This judgment sets a legal precedent regarding the authority of state lawmakers and the procedural integrity required in governance, reinforcing the importance of adhering to due process and judicial orders.