Supreme Court Halts CBN from Releasing Funds to Rivers Govt, Orders Return of 26 Defected Lawmakers Amid Assembly Crisis

The Supreme Court today, February 28, reinstated the judgment that barred the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing statutory monthly allocations to Rivers State.

The apex court also ordered the Hon. Martins Amaewhule-led faction of the Rivers State House of Assembly and other elected members to resume sitting immediately and without hindrance.

The court criticized the Abuja Division of the Court of Appeal for vacating the initial order that stopped the release of funds to Rivers State from the consolidated revenue.

This followed Governor Siminalaye Fubara’s refusal to re-present the 2024 Appropriation Bill before the Hon. Martins Amaewhule-led faction of the Rivers State House of Assembly.

The Supreme Court held that, contrary to the appellate court’s verdict, the Federal High Court in Abuja had the requisite jurisdiction to hear the suit filed by the Amaewhule-led 27 lawmakers. The suit challenged the continued withdrawal and expenditure of state funds without the approval of the State Assembly.

A five-member panel of the apex court, in its lead judgment delivered by Justice Emmanuel Agim, ruled that the appellate court misunderstood the core issue in dispute by focusing solely on the consolidated revenue of Rivers State.

“This wrong view influenced it to hold that the subject matter was not within the power of the Federal High Court,” the Supreme Court noted, stressing that what was at the center of the case was the refusal of governor Fubara to obey a subsisting court order mandating him to present the Appropriation Bill to the valid Assembly.

The Supreme Court agreed with the high court that the 27 lawmakers who allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) remain valid members of the Rivers State House of Assembly, pending the final determination of their status.

The apex court dismissed Governor Fubara’s claim that, due to the defection of the lawmakers, he had to invoke the doctrine of necessity by presenting the Appropriation Bill to the only five remaining members of the Assembly.

According to the court, the doctrine of necessity cannot be invoked to justify an illegal action.

Accusing Governor Fubara of undermining the government out of fear of impeachment, the Supreme Court awarded N5 million in costs against him.