The supreme court of Nigeria has affirmed the judgment of a federal high court that placed a ban on 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 that the Martins Amaewhule-led faction of the Rivers state house of assembly is a legitimate members of the house and ask them to resume to the house with immediate effect
The Amaewhule-led faction of the Rivers assembly was said to be loyal to former Governor of the state and current minister of the federal capital territory (FCT), Nyesom Wike.
According to the judgment delivered on Friday, the five-member panel of the apex court faulted the Abuja court of appeal for voiding the judgment of the federal high court.
The federal high court had stopped the release of funds to Rivers after the governor of the state, Siminalayi Fubara failed to re-present the 2024 Appropriation Bill before the Amaewhule-led assembly.
The judge that read the judgement, Emmanuel Agim, affirm that the 27 lawmakers who allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) are still valid members of the Rivers assembly, pending 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 of assembly and have the power to conduct the business of the assembly,” the apex court held.
“Any other set of individuals purporting to be members of the Rivers state house of assembly led by any other person except Martins Amaewhule is a nullity and their actions null and void.”
Agim held that “by encouraging four out of the 32 members of the Rivers state house of assembly to continue to operate, the governor was operating using only 12.5% of the state assembly, which is illegal”.
“It 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 said, citing the earlier ruling of the federal high court.
“The governor’s fear of impeachment is no justification for destroying a legitimate democratic institution.
“It is hereby ordered that the CBN and accountant-general of the federation should immediately cease releasing all funds, monies, revenue, accruing to the Rivers state government, pending the presentation and approval of a legitimate budget by Rivers state house of assembly led by Martins Amaewhule.”
The supreme court awarded a N5 million cost against Fubara.
