March 03, (THEWILL) – It is normal that a Supreme Court ruling on any matter should stir reactions from the concerned parties. Surprisingly, the apex court weekend ruling on Rivers State is not only generating reactions from interested parties but also witnessing outright misinterpretation and even appeal for reconsideration.
Last Friday, the apex court made too declarations on separate suits in the State. The first was thebet conduct of the Local Government election in the State on October 5, last year, which was won by the All People’s Party, APP. The second was to uphold a lower court ruling stopping federal allocations to the state.
In one of the suits, it upheld the order of 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, saying that the Federal High Court lacked jurisdiction over the matter, it affirmed 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.
In another separate ruling, the Supreme Court, nullified the October 5, 2024, local government election in Rivers State.
A five-member panel of justices of the appellate court led by Justice Jamilu Tukur, declared the election invalid, null and void.
It held that the council poll was conducted in gross violation of section 150 of the Electoral Act 2022.
A Federal High Court in Abuja had on September 30, 2024, stopped the Independent National Electoral Commission, INEC, from releasing voters register to the Rivers State Independent Electoral Commission, RSIEC, for the purpose of conducting the October 5, 2024 local government elections in the state.
The Special Panel of the Court of Appeal, Abuja, had in November last year, validated the council poll after it nullified the judgement delivered by Justice Peter Lifu of the Federal High Court in Abuja, which barred, INEC, from releasing the voters’ register to the RSIEC for the conduct of the state local government polls.
In his reaction, Minister of the Federal Capital Territory, Nyesom Wike, there would be serious consequences should Fubara disobey the judgment of the Supreme Court.
Wike commended the judiciary for protecting democracy, arguing that it is unimaginable that the governor would think of disobeying the judgment of the apex court because it would be a direct invitation to anarchy.
He urged the governor to immediately go back to the Amaewhule-led leadership of the House of Assembly, which has been restored by the Supreme Court.
He mocked all those who had been encouraging Fubara to embrace impunity and advised them to retrace their steps in the best interest of democracy.
On Sunday, however, the governor bowed to the apex court ruling on local government and directed that the elected chairmen and councillors should vacate office in obedience. Also, the awaited judgement on the pending suit on the defection of the 27 lawmakers holds another chance to put the lingering crisis to rest and let peace reign in Rivers State.
Still, the State Commissioner for Information, Joseph Johnson, said the state would await the final certified true copies of the rulings, study them carefully before taking a position of the judgements. He said: “At this time, we are awaiting a detailed briefing on the implications of the judgment. We will carefully evaluate the situation and determine the next steps to take in the best interest of Rivers State and its people.
“We believe that the determination of the main issue of defection of the 27 lawmakers is a matter not before the Supreme Court as it is pending at the Federal High Court in Port Harcourt. Since the issue of defection wasn’t on the table before the learned Justices, in their eyes, Amaewhule and the 26 others are still operating as lawmakers until that matter of defection comes before them.”
Johnson, however, gave assurances that the state government remains committed to upholding its mandate to protect the best interest and the rule of law in all matters affecting Rivers State.
Surprisingly, however, the Pan Niger Delta Forum, PANDEF, has called on the apex court to reconsider its ruling on the suspension of allocations to Rivers State.
Its spokesperson, Obiuwevbi Ominimini stated that PANDEF expressed deep concern that the ruling primarily affects the people of Rivers State.
Ominimini said, ‘PANDEF is profoundly dismayed by the Supreme Court’s pronouncement, which has effectively stalled the disbursement of funds from the Federation Account Allocation Committee (FAAC) to Rivers State.
‘It is evident that the biggest casualties of this decision are the innocent citizens of Rivers State, for whom these funds are crucial for economic growth, social welfare, and infrastructural development’.
The group emphasised that as a key player in Nigeria’s oil and gas sector, Rivers State should not suffer financial constraints due to a political dispute that can be amicably resolved.
PANDEF noted that the ruling undermines ongoing peace-building efforts spearheaded by the Obong Victor Attah-led Peace and Reconciliation Committee, which has made significant strides in fostering harmony within the state.
Similarly, a coalition of 27 federal lawmakers from opposition parties has condemned the Court’s ruling barring the CBN and the AGF from releasing statutory allocations to Rivers State.
Spokesperson of the Nigeria Opposition Lawmakers’ Coalition, Ikenga Ugochinyere, who represents Ideato Federal Constituency of Imo State, described the ruling as “strange” and warned that it could have severe consequences for the people of Rivers.
The lawmakers also criticized the Supreme Court’s decision to invalidate the October 5 Rivers local government election, insisting that governance at the council level would continue.
Ugochinyere noted that the ruling did not reinstate the former council chairmen whose tenure expired last year.
Expressing their unwavering support for Governor Siminalayi Fubara, the lawmakers maintained that they would remain in office until the appeal on the defection of 25 lawmakers led by Martins Amaewhule is resolved.
“It is surprising that the Supreme Court faulted the Court of Appeal’s decision to vacate the initial order stopping the release of funds to Rivers State, simply because Governor Fubara did not re-present the 2024 budget before the sacked Amaewhule-led faction,” Ugochinyere stated.
He also warned pro-Nyesom Wike lawmakers against premature celebrations, arguing that their defection from the PDP to the APC, remains an ongoing legal battle.
“To those power-hungry lawmakers, your removal stands. You desecrated the Constitution by defecting from a peaceful PDP to a chaotic APC. Don’t celebrate yet—it’s not uhuru,” he declared.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
