Rivers State: Supreme Court Judgement Reverses Fubara’s Advantages, Halts FAAC Allocation

Rivers State: Supreme Court Judgement Reverses Fubara’s Advantages, Halts FAAC Allocation

The ongoing political rift in the River State appears to be unfavourable to State Governor Siminalayi Fubara, as the Supreme Court on Friday declared the Martin Amaewhule-led faction of lawmakers the legitimate House of Assembly. The judgement also imposed restrictions on the Central Bank of Nigeria’s allocation to the state, pending its recognition as the

The ongoing political rift in the River State appears to be unfavourable to State Governor Siminalayi Fubara, as the Supreme Court on Friday declared the Martin Amaewhule-led faction of lawmakers the legitimate House of Assembly. The judgement also imposed restrictions on the Central Bank of Nigeria’s allocation to the state, pending its recognition as the legitimate House of Assembly.

Justice Agim delivered the lead judgement on Friday, representing the five members of the panel addressing the ongoing political crisis, where the Supreme Court ruled against the lower court’s decision regarding the funding and legislative crisis in the state.

In October last year, Justice Joyce Abdulmalik of the Federal High Court Abuja stopped the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations to the Rivers State Government. However, another judgement from Justice Omotosho, another high court, ruled against the judgement, ordering the apex financial institution to release the state funds, leading to the appeal of both parties.

Responding to the development, the Supreme Court condemned the judgement of the lower court, stating that the state governor deliberately undermined the principles of legislation and separation of powers in governance because of the “fear of being impeached.” “In light of the foregoing, I hold that the cross-appeal lacks merit and is hereby dismissed.”

“For the avoidance of doubt, the CBN and the Accountant General of the federation should forthwith stop paying to Rivers State any money belonging to Rivers until an appropriation law is made by the Rivers State House of Assembly, constituted and prescribed. “ Right Honourable Martin Amaewhule and the other 26 members of the Rivers State House of Assembly should forthwith resume unhindered sitting as lawmakers.

“The Rivers State should resume sitting with all elected members forthwith,” the judge said. The ongoing political dispute between Governor Fubara and the 27 lawmakers who defected to the All Progressives Congress began in 2024 after the state governor decided to sideline them for the ratification of the state budget but decided to submit his N800 billion for approval from only four legislators who are loyalists of the governor.

Following this, Edison Ehie led the four lawmakers in approving the budget, which Governor Siminalayi Fubara later signed into law. The development raised agitations among the other 27 lawmakers and their leader, Martin Amaewhule, who approached the court and got an injunction to prevent Governor Fubara from obstructing the Assembly’s functions under Amaewhule’s leadership, among other reliefs.

In his judgement, Justice James Omotosho of the high court declared that all actions taken by the four lawmakers aligned with Fubara were illegal and without effect. TThe state governor also approached the Court of Appeal in Abuja, which later accepted his appeal challenging the decision of the Federal High Court that nullified the N800 billion budget passed by the Edison Ehie-led faction of the Rivers State House of Assembly and signed into law by the governor.

However, the Supreme Court disregarded the Court of Appeal’s ruling, which stated that the Federal High Court lacked jurisdiction over cases involving Rivers’ funds. Nyesom Wike, who used to be governor of Rivers State, responded to the decision by saying that the court order was like justice being done against people who were acting without being punished for trying to stop democratic government in the state.

“I consistently assert that justice moves slowly, yet it will eventually arrive.” The highest court of the land has resolved this matter for more than 15 to 16 months. The court has made it obvious that you cannot have a democracy without a legislature. It is unheard of for someone to claim that an assembly of three people is sufficient to enact laws for the whole state.

A governor would bring the House of Assembly, and we act like nothing has happened. The point is that you can demolish a government branch without consequence.” In my opinion, this situation brings joy to the people of Rivers. Nigerians are pleased that this impunity must stop. The ruling marks a major development in the ongoing political crisis in Rivers, reinforcing the authority of the Amaewhule-led assembly.

However, Honourable Ikenga Ugochinyere, the spokesperson of the Coalition of Opposition Lawmakers, criticised the judgement of the apex court for overruling the lower court and sidelining its order on the state’s financial allocations. He stated that regardless of the judgement of the apex court, the Rivers will continue to navigate the state in a democratic system to meet the expectations of the residents in the state.

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