The Supreme Court has ordered the Central Bank of Nigeria and the Accountant General of the Federation to stop all financial allocations to the Rivers state government with immediate effect.
This directive from the Supreme Court follows a Supreme Court judgement on the the suit between the 27 deposed Rivers lawmakers and the Rivers state government. The Supreme Court directed that the order shall be in force until the Rivers State Governor, Siminalayi Fubara, stops all his illegal, unlawful, and unconstitutional activities.
The Core of the Ruling
The Supreme Court’s ruling mandates a complete freeze on funds until a legitimate Appropriation Law is enacted under the leadership of Martin Amaewhule as Speaker of the Rivers State House of Assembly. The unanimous judgment, delivered by Justice Emmanuel Akomaye Agim, declared all actions taken by Governor Fubara unlawful and ordered the reinstatement of the 27 House of Assembly members. The five-justice panel, led by Justice Musa Uwani Aba-Aji, explicitly condemned the governor’s actions.
Condemnation of Governor Fubara’s Actions
The Supreme Court strongly criticized Governor Fubara for the demolition of the House of Assembly, a move intended to prevent the 27 legislators from carrying out their duties. This action was described as a criminal act carried out with impunity. The court further ordered the reinstatement of the unlawfully redeployed Clerk and Deputy Clerk of the House of Assembly, along with other House staff. The court deemed it an anomaly for the governor to operate with only four out of 32 Assembly members, claiming this was based on unfounded fears of impeachment. The justices argued that Fubara’s actions, using his immunity under section 308 of the 1999 Constitution, constituted a gross violation of the rule of law.
Previous Court Decisions and Financial Sanctions
The Supreme Court’s ruling upholds earlier judgments from the Court of Appeal and the Federal High Court in Abuja, both of which declared the actions against the 27 lawmakers unlawful and illegal. Furthermore, the court imposed a N10 million fine on Governor Fubara, payable to the House of Assembly and the 27 plaintiffs. The Federal High Court had previously ruled that Governor Fubara’s receipt and disbursement of monthly allocations since January of the previous year were unconstitutional.
Justice Joyce Abdulmalik highlighted the governor’s presentation of the 2024 budget before a four-member House of Assembly as a gross violation of the 1999 Constitution. This earlier judgment also restrained the Central Bank of Nigeria (CBN), the Accountant General of the Federation, Zenith Bank, and Access Bank from further enabling Fubara’s access to funds from the Consolidated Revenue and Federation Account.
Conclusion
The Supreme Court orders to freeze Rivers state allocation and reinstatement deposed lawmakers emphasizes the gravity of the situation and its commitment to upholding the rule of law in Rivers State. The decision of the Apex Court represent a significant challenge to Governor Fubara’s authority and a clear message regarding the limits of executive power. The long-term implications of this ruling remain to be seen, but it signals a critical juncture in the ongoing political and legal battles within Rivers State.
