The Supreme Court has ordered the Martins Amaewhule-led faction of the Rivers State House of Assembly and other elected members to resume legislative duties immediately without any hindrance.
The apex court concurred with the Federal High Court judgment, affirming that the 27 lawmakers who allegedly defected from the PDP to the APC remain valid members of the Rivers Assembly until a final decision on their status is made.
The five-member panel of the Supreme Court, led by Justice Emmanuel Agim, also reinstated a judgment barring the Central Bank of Nigeria (CBN)and the Accountant General of the Federation from releasing monthly allocations to Rivers State, marking a significant development in the ongoing crisis.
The court criticized the Abuja Division of the Court of Appeal for overturning the initial order that halted the release of funds to Rivers State from the consolidated revenue.
The decision was triggered by Gov. Siminalaye Fubara’s failure to re-submit the 2024 Appropriation Bill to the Mr. Martins Amaewhule-led faction of the House loyal to the FCT Minister Nyesom Wike.
The apex court disagreed with the appellate court’s verdict, insisting that instead that the Federal High Court in Abuja had the requisite jurisdiction to entertain the suit the Amaewhule-led 27 lawmakers filed to challenge the continued withdrawal and expenditure of funds belonging to the state without the approval of the State Assembly.
It held that the appellate court misunderstood the central issue in dispute by focusing solely on the consolidated revenue of Rivers State.
It said: “This wrong view influenced it to hold that the subject matter was not within the power of the Federal High Court.”
It also dismissed Gov. Fubara’s claim that given the defection of the lawmakers, he had to invoke the doctrine of necessity by presenting the Appropriation Bill to the only five remaining members of the Assembly.
The court held that the doctrine of necessity cannot be used to legitimize an unlawful act.
Consequently, it slapped Gov. Fubara with a N5 million fine, accusing him of sabotaging the government due to his fear of impeachment.
Persecondnews had reported that the Court of Appeal in Abuja overturned a Federal High Court judgement on December 13, 2024, allowing the release of federal monthly allocations to the Rivers State Government from the consolidated funds.
A three-member panel of the appellate court ruled that the trial court lacked jurisdiction to hear the case which sought to withhold state funds due to the pending 2024 appropriation presentation before the Rivers State House of Assembly.
Prior to the ruling, Justice Joyce Abdulmalik issued a judgment on October 30, 2024, ordering the CBN and the Accountant General of the Federation to halt the release of funds to the Rivers State Government due to alleged constitutional violations by Gov. Fubara.
According to the judge, the current budget being operated by the state was not passed by a lawful arm of the Rivers State House of Assembly, and that the government should be prevented from alleged further violation of the laws.
Persecondnews recalls that the crisis in Rivers State began when Gov. Fubara stopped working with 27 lawmakers, including Martin Amaewhule in December 2023, following their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
He presented the 2024 budget to a faction of the House led by Edison Ehie, on December 13, 2023.
The government maintained that the seats of the Amaewhule-led lawmakers became automatically vacant following their defection, citing Section 109(1)(g) of the 1999 Constitution.
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