|By Adejumo Adekunle-
- Court Freezes Allocations Until Legal Budget Is Passed
- Orders 27 Lawmakers to Resume, Declares Fubara’s Actions Illegal
- Slams N10m Fine on Governor for Constitutional Violations
The Supreme Court has ordered the Central Bank of Nigeria (CBN) and the Accountant General of the Federation to immediately cease the disbursement of funds to the Rivers State government.
In its ruling on Friday, the apex court stated that the directive would remain in effect until Governor Siminalayi Fubara stops all unconstitutional and unlawful activities.
Specifically, the court declared that no financial allocation should be released until a legally enacted Appropriation Law is passed under the speakership of Martin Amaewhule. Justice Emmanuel Akomaye Agim, who delivered the judgment, further ordered the 27 lawmakers of the Rivers State House of Assembly to resume legislative duties without hindrance.
The five-member panel of justices, led by Justice Musa Uwani Aba-Aji, unanimously nullified all executive actions taken by Governor Fubara, describing them as unlawful. The court condemned the governor for unlawfully demolishing the House of Assembly complex in a bid to prevent the 27 legislators from performing their duties.
Justice Agim also ruled that the Clerk and Deputy Clerk, who were illegally reassigned, must be reinstated alongside other Assembly staff. He faulted Fubara for attempting to govern with just four out of the 32 lawmakers, dismissing his claims of impeachment threats as baseless. The court held that the governor exploited his constitutional immunity under Section 308 of the 1999 Constitution to undermine democratic governance.
The Supreme Court upheld previous judgments from the Court of Appeal and the Federal High Court in Abuja, both of which had declared actions against the 27 lawmakers unlawful. The court further imposed a N10 million fine on Fubara, to be paid to the House of Assembly and the legislators who sued him.
Additionally, the justices ruled that since January 2024, Fubara’s receipt and disbursement of state funds without a lawful budget violated constitutional provisions. They referenced an earlier ruling by Justice Joyce Abdulmalik of the Federal High Court, which deemed the presentation of the 2024 budget before just four lawmakers a breach of due process. The court had previously barred the CBN, Accountant General, Zenith Bank, and Access Bank from granting Fubara access to state funds.
