From Victor Osula, Abuja
The Supreme Court has upheld an order by Justice Joyce Abdulmalik of the Federal High Court, which barred the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing statutory monthly allocations to Rivers State.
Justice Abdulmalik had in a ruling on October 30, declared the presentation of the 2024 budget by Governor Siminalaye Fubara before a four-member Rivers House of Assembly as an affront to the constitutional provision. The court had declared that the receipt and disbursement of monthly allocations since January 2024 by Governor Fubara, was a breach of the Constitution and an aberration. It restrained the CBN, the Accountant General of the Federation, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated revenue account.
While the Special Panel of the Court of Appeal, Abuja, set-aside the order, the appellate court on 13th December 2024, held that the Federal High Court lacked jurisdiction over the matter, affirming that issues related to state revenue should not be handled by federal courts.
Ruling in an appeal challenging the decision on Friday, a five-member panel of the apex court led by Justice Emmanuel Agim, set aside the ruling of the Appeal Court, which vacated the High court order.
Justice Agim held that contrary to the verdict of the appellate court, the Federal High Court 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.
“This wrong view influenced it to hold that the subject matter was not within the power of the Federal High Court”, the apex Court noted, stressing that what was at the centre of the case was the refusal of governor Fubara to obey a subsisting court order mandating him to present the Appropriation Bill to the valid Assembly.
The apex court further ordered the Martins Amaewhule-led faction of the Rivers State House of Assembly and other elected members of the House to forthwith resume sitting, unhindered
Justice Agim agreed with the high court that the 27 lawmakers that allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) are still valid members of the Rivers Assembly, pending the final determination of their status.
The court dismissed Governor 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. According to the court, the doctrine of necessity could not be invoked to justify an illegal action.
Consequently, the court affirmed the ruling of Justice Abdulmalik and awarded N5 million cost against Governor Fubara.
