By Our Correspondent
The Supreme Court has upheld a Federal High Court judgment that prohibits the Central Bank of Nigeria (CBN) and the Accountant-General of the Federation from disbursing statutory monthly allocations to Rivers State. In a landmark ruling delivered on Friday, the apex court also directed the reinstatement of the Martins Amaewhule-led faction of the Rivers State House of Assembly, affirming their legitimacy to resume legislative duties.
The Amaewhule-led assembly is aligned with Nyesom Wike, the Minister of the Federal Capital Territory (FCT), and has been at the centre of a protracted political crisis in Rivers State. The Supreme Court’s decision overturns a previous ruling by the Abuja Court of Appeal, which had nullified the Federal High Court’s judgment.
The Federal High Court had initially halted the release of funds to Rivers State after Governor Siminalayi Fubara failed to re-present the 2024 Appropriation Bill to the Amaewhule-led assembly. This move was seen as a significant escalation in the ongoing power struggle between the governor and the assembly.
In the lead judgment delivered by Justice Emmanuel Agim, a five-member panel of the Supreme Court ruled 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 until the final determination of the suit challenging their status.
“The members of the Rivers State House of Assembly who allegedly defected are still legitimate members of the house and retain the authority to conduct legislative business,” the court held. “Any other group purporting to be the Rivers State House of Assembly, led by anyone other than Martins Amaewhule, is null and void, and their actions are of no effect.”
Justice Agim further criticised Governor Fubara for encouraging a faction of only four members to operate as the state assembly, describing it as an abuse of power. “By allowing four out of the 32 members of the Rivers State House of Assembly to function, the governor is effectively operating with just 12.5% of the assembly, which is unlawful,” he stated. “This is an act of indiscipline bordering on excessive use of power, and a joke taken too far, which has no place in a democracy.”
The judge also dismissed the governor’s concerns about impeachment as justification for undermining a legitimate democratic institution. “The governor’s fear of impeachment cannot be used to destroy a constitutionally recognised body,” he added.
In its final ruling, the Supreme Court ordered the CBN and the Accountant-General of the Federation to immediately cease the release of all funds, revenues, and monies accruing to the Rivers State Government until a legitimate budget is presented and approved by the Amaewhule-led assembly.
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