Nigeria’s Supreme Court slams the Rivers State Governor, Siminalayi Fubara, over the lingering crises in the state Assembly and Local Government Councils thereby ceding the first victory to his archenemy, Nyesom Wike who appears to be having the proverbial last laugh
By Udoka Ekeleme, Abuja
On Friday, February 28, 2025, the Supreme Court ruled that the Central Bank of Nigeria (CBN) and the Accountant-General of the Federation (AGF) must halt the release of funds accrued to the Rivers State Government from the Federation Account until the Rivers House of Assembly has been properly constituted in line with the 1999 Constitution.
The highest court in the land still restored the Martins Amaewhule-led Rivers State House of Assembly members as the valid lawmakers.
A five-member panel of the Supreme Court, in a unanimous decision delivered by Justice Emmanuel Akomaye Agim, declared that no funds should be disbursed to the Rivers State Government until a lawful Appropriation Act has been enacted in the state by the Amaewhule-led Assembly.
Justice Agim specifically upheld the judgment of the Federal High Court, which had earlier barred the allocation of funds to the Rivers State government.
In the judgement of the lower court, Justice Joyce Abdulmalik of the Federal High Court Abuja had, on October 24, 2024, issued an order restraining the CBN from further disbursing monthly financial allocations to the Rivers State Government until a valid House of Assembly has been put in place.
According to the ruling, Abdulmalik also barred the AGF, Zenith Bank, and Access Bank, where the state holds accounts, from releasing funds to the embattled Rivers State Government.
Justice Abdulmalik ruled that Rivers State Governor Siminalayi Fubara’s receipt and use of the state’s monthly allocations since January 2024 constituted a violation of the Constitution that could not be permitted to continue.
The judge further condemned Governor Fubara’s presentation of the 2024 budget to a mere four-member Rivers House of Assembly, insisting that it was a direct violation of constitutional provisions.
The apex court while delivering judgment on the appeal brought before it by the 27 lawmakers, led by Amaewhule, Justice Agim overturned the Court of Appeal’s ruling that had nullified the Federal High Court judgment on jurisdictional grounds and restored the trial court’s decision.
The judge declared, “The judgment of the Federal High Court is hereby affirmed.”
The apex court further ruled that “The Rivers State allocation fund is to be withheld until the unconstitutional actions are rectified.”
Referring to the Appeal Court judgment that criticised Fubara for presenting the 2024 budget before only four Assembly members, Justice Agim likened the governor’s actions to “bigamy.”
The court reaffirmed that the presentation of the 2024 budget before four out of 31 members of the House of Assembly was unconstitutional and, therefore, void.
The justices criticised Fubara for demolishing the Rivers House of Assembly building, allegedly to prevent the 27 alleged defected lawmakers from sitting, thereby forcing them to convene elsewhere to carry out legislative duties.
Based on the judgment, the court added that it was becoming a pattern for those in executive power, when feeling threatened by impeachment, to resort to tactics such as demolishing buildings or other unconstitutional actions.
It said, “Four members sitting as purported members of the House of Assembly in defiance of a subsisting court order is a nullity.” The justices further stressed that the legislature is the core institution of governance and must be protected at all costs.
Hence, Justice Agim ordered that the Clerk and Deputy Clerk, who were unlawfully redeployed from the House of Assembly, be reinstated along with other Assembly staff.
The court criticised Fubara for using his immunity under Section 308 of the 1999 Constitution to justify unconstitutional actions, including demolishing the Assembly, working with only four lawmakers, disobeying court orders, and disregarding constitutional provisions.
Agim: “In my view, this is an act of indiscipline born out of executive power”. “This is a joke taken too far”.
Justice Agim further ruled that the 27 members of the House of Assembly must be allowed to resume their duties without interference, insisting that, “Government cannot function without one of its three arms. The governor’s illegal actions cannot be justified”. The Supreme Court also imposed a fine of ₦5 million against Fubara.
The Supreme Court, also on the same Friday, declared the Rivers State Local Government elections held on October 5, 2024, illegal and therefore invalid.
A five-member panel of the Supreme Court, in a judgment delivered by Justice Jamilu Tukur, ruled that the conduct of the local government polls in the state was null and void.
In its decision, the apex court set aside the judgment of the Court of Appeal, which had overturned the trial court’s ruling on the grounds of lack of jurisdiction. The Supreme Court consequently restored the decision of the Federal High Court.
It will be recalled that Justice Peter Lifu of the Federal High Court in Abuja had earlier restrained the Rivers State Independent Electoral Commission from proceeding with the local government elections, citing the need for an updated voter register before the polls could be conducted.
The trial court further ordered the Independent National Electoral Commission (INEC) to release the updated voter register to the Rivers electoral commission to facilitate the election, the court barred the police, the Department of State Service (DSS), and other security agencies from providing security for voters during the election.
Reactions have since been trailing the Supreme Court’s controversial judgment on the lingering political crises bedeviling Rivers State. A chieftain of the All Progressives Congress (APC), Chief Eze Chukwuemeka Eze, criticised the Supreme Court’s judgment reinstating the 27 alleged defected lawmakers in Rivers State, describing it as a declaration of war on the state.
Eze, in a statement on Friday, February 28 faulted the ruling, calling it a black Friday for Nigeria’s democracy and an assault on the people of Rivers State.
He, however, commended Governor Fubara for his resilience in the face of what he called “an onslaught by anti-democratic forces.”
Eze expressed dismay that the Supreme Court upheld the reinstatement of the Martin Amaewhule-led faction of the Rivers State House of Assembly despite their defection to the APC, an action he argued should have led to their automatic removal.
He said, “For the Supreme Court to ignore these facts and ask Amaewhule and his group to continue sitting is not only unfortunate, wicked, evil, and undemocratic, but also a direct declaration of war on the people of Rivers State and Nigeria’s democracy.”
He urged Nigerians to see the ruling not just as an attack on Governor Fubara, but as a broader threat to the nation’s democracy, calling on the public to rise in defense of democratic principles.
Eze also faulted the Supreme Court’s directive to the CBN to withhold Rivers State’s federal allocations, alleging that it was part of a larger conspiracy orchestrated by the FCT Minister Nyesom Wike to undermine the state.
According to him, “This is nothing but an attempt to cripple Rivers State—the state that lays the golden egg for Nigeria’s development.
“The goal is to render it powerless and ensure its resources are controlled by external forces”.
Eze further made a prediction to the effect that the coming days would be crucial as political events unfold in the state.
He reasoned, “Regardless of what happens next, Governor Fubara has fought a good fight by exposing how one man seeks to stifle the development of Rivers State and control its resources for personal gain”.
In his own reaction, Wike, the Minister of the Federal Capital Territory, appears to be swimming in the euphoria of his latest victory against his political godson, Fubara. Wike was spotted singing and praising God, shortly after the Supreme Court ruled in favour of the suit filed by the 27 lawmakers in the Rivers State House of Assembly.
In the video which was shared by his spokesperson, Lere Olayinka, the minister, who was also the immediate past governor of Rivers state, was with the former Governor of Abia State and member of the Wike-led G5 governors ahead of the 2023 election, Okezie Victor Ikpeazu.
