The Supreme Court has ordered the Central Bank of Nigeria (CBN) and the Accountant General of the Federation to immediately stop the release of financial allocations to the Rivers State government.
The apex court ruled that the order will remain in effect until Governor Siminalayi Fubara ceases all “illegal, unlawful, and unconstitutional activities.”
Specifically, the court declared that no funds shall be disbursed to the state government until a lawful Appropriation Law is enacted under the leadership of Speaker Martin Amaewhule.
Delivering the judgment on Friday, Justice Emmanuel Akomaye Agim also ordered the 27 members of the Rivers State House of Assembly to resume their legislative duties without delay.
In a unanimous decision, the five-man panel of justices, led by Justice Musa Uwani Aba-Aji, nullified all actions taken by Governor Fubara, declaring them unlawful.
The Supreme Court criticized the governor for “engaging in the criminal act” of demolishing the House of Assembly building to prevent the 27 lawmakers from performing their constitutional duties.
Justice Agim further directed that the Clerk and Deputy Clerk, who were unlawfully redeployed, be reinstated alongside all Assembly staff.
The court held that it was unconstitutional for Governor Fubara to govern with only four out of the 32 House of Assembly members, dismissing his concerns about impeachment as baseless.
According to the Justices, Governor Fubara “collapsed the House of Assembly” and exploited his immunity under Section 308 of the 1999 Constitution to “carry out barbaric acts against the rule of law.”
The Supreme Court upheld the earlier rulings of both the Court of Appeal and the Federal High Court in Abuja, which had declared the governor’s actions against the 27 lawmakers illegal.
Additionally, the court imposed a ten million fine on Fubara, payable to the House of Assembly and the 27 legislators who filed the lawsuit against him.
The Federal High Court had previously ruled that Governor Fubara’s receipt and disbursement of monthly allocations since January 2024 constituted a “constitutional somersault and aberration” that could not be allowed to continue.
Justice Joyce Abdulmalik, who delivered the Federal High Court judgment, had also ruled that Fubara’s presentation of the 2024 budget before only four lawmakers was a violation of constitutional provisions.
The judge further stated that implementing an unlawful budget amounted to “gross violations of the 1999 Constitution,” which the governor had sworn to uphold.
As a result, the court restrained the CBN, the Accountant General of the Federation, as well as Zenith Bank and Access Bank, from granting Fubara access to funds from the Consolidated Revenue and Federation Account.
Emmanuel Ukoh
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