The Supreme Court has restored a judgment of a Federal High Court which last year, restrained the Central Bank of Nigeria (CBN) and the Accountant General of the Federation (AGF) from releasing funds from the federation accounts to the Government of Rivers State.
The apex court took the decision after it set aside a judgment of the Court of Appeal, which earlier nullified the trial court judgment on grounds of lack of jurisdiction.
In a unanimous judgment delivered by Justice Emmanuel Agim, the apex court held that the lower court erred in law when it came to the conclusion that the Federal High Court lacked the necessary jurisdiction to entertain the suit seeking to restrain the release of funds to the Government of Rivers State led by Governor Siminalayi Fubara.
According to Agim, the case of the appellant was mainly to enforce the earlier judgment of Justice James Omotosho of a Federal High Court, which had in January 2024, ordered Fubara to re-present the 2024 appropriation of Rivers State before the Martin Amaewhule-led Rivers State House of Assembly.
The Supreme Court also ruled that its order will remain in effect until a properly constituted House of Assembly is established in the state.
The apex court further barred the Accountant General of the Federation and other government agencies from disbursing funds to the Rivers State government until it complies with previous court rulings.
The five-member panel unanimously dismissed a cross-appeal filed by Governor Siminalayi Fubara, which challenged the legitimacy of the House of Assembly led by Speaker Martin Amaewhule.
The court ordered Amaewhule to resume sitting immediately alongside other elected members of the Rivers State House of Assembly.
It criticized Governor Fubara for presenting the 2024 appropriation bill before a four-member Assembly, stating that the move denied 28 constituencies proper representation and violated an earlier court directive requiring him to present the budget before a validly constituted Assembly under Amaewhule’s leadership.
The court further condemned Fubara’s actions regarding the alleged defection of 28 lawmakers, describing them as acts of political intimidation and dictatorship aimed at preventing the legislature from functioning.
Additionally, the court ruled that the demolition of the Rivers State House of Assembly complex under Fubara’s directive was an abuse of executive power intended to obstruct legislative proceedings.