*Nullifies last LG election in Rivers
*Awards N5m cost against Fubara
The Supreme Court has directed the Central Bank of Nigeria (CBN) and the Accountant- General of the Federation (AG-F) to stop further release of federal allocation to the Rivers State Government until a valid Appropriation Act is passed by a lawfully constituted Rivers State House of Assembly led by Martins Amaewhule as the Speaker.
In a unanimous judgment on Friday, a five-member panel of the apex court also directed that Amaewhule and other 26 members of the Rivers State House of Assembly, who are alleged to have defected, should be allowed to resume legislative duties unhindered.
The Supreme Court also directed that all members of the Rivers Assembly are to resume normal legislative businesses without any hindrance to any members.
Justice of Supreme Court (JSC), Justice Emmanuel Agim, in the lead judgment, concurred with the arguments by the lawyer to the Amaewhule-led members of the Rivers Assembly, Dr. Ogwu James Onoja (SAN).
JSC Agim further condemned the conduct of Rivers State Governor Simi Fubara, who he noted, chose to destroy the government of Rivers State and resort acting unlawfully by pulling down the House of Assembly owing to his fear that there were moves to impeach him.
He said: “It must be stated loud and clear that the crisis in Rivers State is as a result of non-adherence to the rule of law as well as the fragrant disregard of court orders.”
Justice Agim faulted the Court of Appeal for holding that the Federal High Court lacked the jurisdiction to hear the suit, marked: FHC/ABJ/CS/984/2024 which sought to restrain the CBN and AG-F from releasing funds to the Rivers State Govt owing to its failure to obtain a valid Appropriation Act in compliance with the January 22, 2024 judgment by Justice James Omotosho in suit number FHC/ABJ/CS/1613/2023.
The JSC also faulted the consequential to order by the Appeal Court in the December 13 judgment, voiding the October 30, 2024 judgment by Justice Joyce Abdulmalik in suit number FHC/ABJ/CS/984/2024.
Justice Agim said:”The view of the Court of Appeal that suit number FHC/ABJ/CS/984/2024 is over the consolidated revenue fund of Rivers State is wrong as it is not supported by the reliefs claimed for in the originating summons.
“This wrong view influenced it to hold that the subject matter of this suit is not within the scope of the justification of the Federal High Court.
“It is glaring that the objective of suit number FHC/ABJ/CS/984/2024 is to stop the release of funds to the first and second respondents herein – the Government of Rivers State and Simi Fubara – so as to compel them to comply with the judgment in suit number: FHC/ABJ/CS/1613/2023 by causing the passage of the appropriation law by the Rivers State House of Assembly properly constituted as prescribed by the Constitution.
“Suit number FHC/ABJ/CS/984/2024 is not a fresh action with the subject matter independent of the subject matter of suit number FHC/ABJ/CS/1613/2023. It is sequel to the judgment in suit number FHC/ABJ/CS/1613/2023.”
Justice Agim proceeded to set aside the December 13 judgment of the Court of Appeal, in which the appellate court held that the Federal High Court lacked jurisdiction to hear and determine on cases relating to funds belonging to Rivers State.
He restored that the October 30 judgment by Justice Abdulmalik and all the consequential orders made thereto.
The JSC said: “In the light of the foregoing, I hold that the decision of the Court of Appeal that the Federal High Court lacked the jurisdiction to entertain and determine suit number FHC/ABJ/CS/984/2024 is wrong.
“The trial court validly exercised it’s jurisdiction to hear and determine suit number FHC/ABJ/CS/984/2024
“So appeal number SC/CV/1174/2024 is resolved in favour of the appellants. On the whole, this appeal succeeds as it has merit. It is accordingly allowed /.
“The order of the Court of Appeal made on the 13th of December 2024 in appeal number CA/ABJ/CV/1287/2024, striking out suit number FHC/ABJ/CS/984/2024 for lack of jurisdiction is hereby set aside.”
JSC Agim faulted the decision of the Rivers State Governor to purporting to deploy the doctrine of necessity and the provisions of sections 102 and 109 of the 1999 Constitution (as amended) to justify his decision to relate with only four members of a 32-member Rivers State House of Assembly.
The JSC held that, having created an environment that made it impossible for the state Assembly to lawfully function, Fubara could not rely on the provisions sections 102 and 109 and the doctrine of necessity give validity to the proceedings of the Rivers State House of Assembly constituted by less than 1/3 of the members and his actions, which included presenting the state’s appropriate bill before a four-member Assembly.
Justice Agim noted that Fubara had started preventing the House from conducting its businesses before the issue of defection occurred.
He held that having prevented the 27 members from conducting their legislative businesses by pulling down the Assembly complex, Fubara’s claim the the 27 members were not longer members of the state Assembly, on grounds that they had defected, is incorrect.
The JSC said, “The claim that the 27 members are no longer members is a perpetuation of his attempt to prevent them from participating in the House business. The 27 members are still valid members of the House of Assembly.
He added that Fubara’s fear of impeachment was not a justification for his attack on the House of Assembly.
JSC Agim said, “What he has done is to destroy the government because of his fear that he wants to be impeached.” He expressed concern that the infamous practice was becoming a culture among politicians.
The apex court also dismissed the cross-appeal filed by Fubara challenging the validity of the Rivers Assembly presided over by Martin Amaewhule as the Speaker.
Justice Agim thereafter awarded N5million costs against Fubara and the Government of Rivers State, to be paid to the Rivers State House of Assembly and Amaewhule.
Other members of the panel, Justices Uwani Abba-Aji (who presided), Ibrahim Saulawa, Chioma Nwosu-Iheme and Jamilu Tukur concurred with the lead judgment.
In another judgement also delivered on Friday by the same panel, the Supreme Court nullified the last Local Government election conducted in Rivers State on October 5 last year.
All members of the panel unanimously held that the election was conducted in violation of Section 150 of the Electoral Act 2024.
Justice Jamilu Tukur, in the lead judgment, agreed with the appellant, the All Progressives Congress (APC) that conditions precedent were not complied with before the Rivers State Independent Electoral Commission held the election.
Justice Tukur held that there was no evidence the voters’ registration continued until 90 days before the election and that the requisite notices were issued as required by law.
Rivers awaits legal briefing to act on Supreme Court ruling — Fubara
Meanwhile, Governor Fubara has acknowledged the Supreme Court verdict affirming Rt. Hon. Martin Amaewhule and 26 others as valid members of the Rivers State House of Assembly.
In a statement issued by the state Commissioner for Information on Friday, Joe Johnson, Fubara said his administration is reviewing the implications of the judgment, particularly regarding state funds and local government administration.
The statement reads in part, “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.”
Though the governor acknowledged that the Supreme Court’s decision effectively reinstates the 27 lawmakers, he maintained that the core issue of their defection—which led to their disputed status—was not addressed by the apex court as it remains pending before the Federal High Court in Port Harcourt.
The statement said, “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 comes before them.”
Governor Fubara assured the people of Rivers State that his administration remains committed to protecting the best interests of the state and upholding the rule of law in all matters.
He urged residents to remain calm and law-abiding as the government seeks further legal clarity on the judgment and its broader implications.
Supreme Court has ended impunity in Rivers, Says Wike
The Minister of the Federal Capital Territory (FCT), Mr Nyesom Wike, has said that the Supreme Court verdict on the crisis rocking the Rivers State House of Assembly has ended impunity in the oil-rich state.
The apex court had in its judgment on Friday, barred the Central Bank of Nigeria (CBN), the Accountant General of the Federation (AG-F) and other agencies from releasing funds to the government of Rivers State until it purges itself of what the court describes as flagrant disobedience to court orders.
Shortly after the verdict, the FCT Minister briefed journalists and hailed the judiciary for upholding the rule of law.
Wike said, “If you allow this, one day one member will constitute an assembly and there is nothing you can do, it is unheard of. We must commend the judiciary for being bold to say this impunity must not be allowed.
“You failed to follow the Electoral Act in terms of conducting local government elections. People were hailing him (Governor Siminalyi Fubara) ‘Yes you have done well.”
Wike also took a swipe at the Chairman of the Peoples Democratic Party (PDP) Governors’ Forum and Bauchi State Governor Bala Mohammed for supporting Governor Fubara.
He said the Rivers Governor has no choice but to fully comply with the Supreme Court’s verdict, as it represents the final legal authority on the matter.
“I hope they will also hail him today. I hope the Chairman of the PDP Governors Forum will also hail him today. Supreme Court has come out to say enough is enough, we must not truncate our democracy.”
The FCT Minister said the contentious issue , which has lasted for over 15 months, has now been laid to rest by the highest court of the land and the only thing anyone can do now is appeal the judgement to God
He said, “People are saying Wike Wike, It’s not about me, how can a man demolish the edifice of the state assembly and take his fraction to his house, it is unheard of.
“For me, it is happiness for Nigerians as well as Rivers people, the impunity must stop. You can’t allow such to happen, We can not allow anyone to truncate the democracy of the country.”
Wike stated that it is not about hiring 40 Senior Advocates of Nigeria, it is about upholding the rule of law and having competent people to handle the case
 and the Accountant- General of the Federation (AG-F) to stop further release){kind=link}