Supreme Court Halts Financial Allocations to Rivers State Amid Controversial Actions by Governor Fubara

In a landmark decision, the Supreme Court of Nigeria has directed the Central Bank of Nigeria (CBN) and the Accountant General of the Federation to immediately stop releasing financial allocations to the Rivers State government. The order, which takes effect immediately, will remain in place until Governor Siminalayi Fubara halts his ongoing unlawful and unconstitutional actions.

The apex court ruled that no funds will be disbursed to the state until an appropriate Appropriation Law is enacted under the leadership of Martin Amaewhule, the Speaker of the Rivers State House of Assembly. Justice Emmanuel Akomaye Agim delivered the judgment on Friday, asserting that the state’s financial operations had been compromised due to illegal actions by the state government.

The court further ordered the 27 members of the Rivers State House of Assembly to resume their duties immediately, nullifying any actions taken by Governor Fubara, who had been found to act unlawfully in his governance. The five-member panel of justices, led by Justice Musa Uwani Aba-Aji, criticized the governor for unlawfully demolishing the House of Assembly, thereby preventing the 27 legislators from convening and conducting their constitutional duties.

In a sharp rebuke, the court also instructed the Clerk and Deputy Clerk, who had been redeployed without justification, to return to their positions along with all House of Assembly staff. Governor Fubara’s actions were condemned as an “aberration,” with the court stating that it was unacceptable for the governor to operate with only four out of the full 32 members of the Assembly, using baseless fears of impeachment as justification.

The justices further remarked that Fubara had violated the law by abusing his immunity under Section 308 of the 1999 Constitution, leading to a collapse of the legislative processes in Rivers State. This violation had continued despite earlier rulings from both the Federal High Court and Court of Appeal, which had declared his actions illegal.

A fine of N10 million was imposed on Governor Fubara, to be paid to the House of Assembly and the 27 legislators who filed the suit. Additionally, the court held that the receipt and disbursement of monthly allocations since January, under Fubara’s direction, was a constitutional breach that could not continue.

Earlier rulings had found that Fubara’s presentation of the 2024 budget before a truncated House of Assembly—a mere four members—was a direct violation of constitutional provisions. Justice Joyce Abdulmalik had earlier ruled that the governor’s actions in implementing an unlawful budget were a serious breach of the 1999 Constitution, for which he had sworn to uphold.

The court’s decision further restrained the CBN, the Accountant General, and key financial institutions from allowing the governor to access the state’s funds from the Consolidated Revenue and Federation Account, reaffirming the need for adherence to constitutional principles in governance.