Supreme Court Halts Release of Funds to Rivers State Government, Orders Resumption of Legislative Activities
In a landmark ruling today, the Supreme Court of Nigeria has ordered the Central Bank of Nigeria (CBN) and other relevant federal agencies to withhold funds from the Rivers State Government until it rectifies what the court describes as a persistent disregard for court orders. The judgment, delivered after a marathon one-hour, thirty-six-minute session, comes as part of a broader ruling that also impacts the state’s legislative and local government structures.
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The five-man panel, headed by Justice Emmanuel Akomaye, unanimously rejected a cross-appeal from Governor Siminalayi Fubara, who sought to challenge the legitimacy of the Rivers State House of Assembly under the leadership of Speaker Martin Amaewhule. The Supreme Court upheld the decision of the lower courts, affirming that Governor Fubara’s actions were in clear violation of the rule of law.
Disregard for Court Orders
At the heart of the court’s decision was the claim that Governor Fubara’s administration had engaged in a pattern of disobedience to binding court orders. The judgment specifically condemned the Governor’s attempt to introduce an appropriation bill before a four-man assembly, which the court deemed an unconstitutional maneuver. This, the court ruled, effectively denied 28 constituencies of proper representation, violating a previous court order demanding that the 2024 appropriation bill be re-presented to a fully constituted Assembly under the leadership of Speaker Amaewhule.
The ruling described Governor Fubara’s behavior as “brigandage and dictatorship,” accusing the Governor of undermining the legislative process in the state. This was compounded by allegations of the Governor’s destruction of the Rivers State House of Assembly Complex, which the court interpreted as an overreach of executive power aimed at preventing the functioning of the assembly.
The Supreme Court ordered that Speaker Amaewhule immediately reconvene the Assembly with all duly elected members, as the current state of legislative affairs in Rivers had been gravely compromised by the actions of the state’s executive.
Local Government Election Invalidated
In a separate but related judgment, the Supreme Court also nullified the local government elections held in Rivers State on October 5, 2024, declaring them invalid due to violations of the Electoral Act. The ruling, delivered by Justice Jamilu Tukur, found that the Rivers State Independent Electoral Commission (RSIEC) failed to adhere to the guidelines set out in the Electoral Act, particularly in relation to voter registration, which continued even after the announcement of the election date. This was deemed a clear breach of electoral law.
The court further noted that the procedural shortcuts taken by RSIEC led to a failure to meet the legal requirements for a valid election. The judgment specifically referred to Section 150 of the Electoral Act, which mandates strict compliance with electoral processes. As a result, the court voided the results of the election, effectively disbanding the newly elected local government chairmen.
Implications for Rivers State
Today’s rulings mark a significant moment in the ongoing political tensions within Rivers State. The Supreme Court’s decision not only underscores the need for adherence to constitutional processes but also sends a strong message to public officials about the limits of executive power and the importance of upholding the rule of law. With the local government elections invalidated and the legislature now set to reconvene, the political landscape in Rivers State is poised for a period of intense recalibration.
Governor Fubara and his administration now face the challenge of complying with the court’s order and restoring order within the state’s governance structures. The Supreme Court’s judgment could have far-reaching consequences for the political future of Rivers, as it highlights the potential for the judiciary to intervene when state institutions are perceived to be misused.
As the dust settles on today’s ruling, all eyes will be on how the Rivers State Government responds to these directives and whether the legislative process can now proceed without further obstruction. The legal and political ramifications are sure to unfold in the coming weeks and months.
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