The Supreme Court, on Friday, reinstated the judgement that
barred the Central Bank of Nigeria, CBN, and the Accountant General of the
Federation from releasing statutory monthly allocations to Rivers State.
The apex court further ordered the Hon. Martins
Amaewhule-led faction of the Rivers State House of Assembly and other elected
members of the House to forthwith resume sitting, unhindered.
The court faulted the Abuja Division of the Court of Appeal
for vacating the initial order that stopped the release of funds to Rivers
State from the consolidated revenue following the failure of Governor
Siminalaye Fubara’s refusal to re-present the 2024 Appropriation Bill of the
state before the Hon. Martins Amaewhule-led faction of the Rivers State House
of Assembly.
It held that contrary to the verdict of the appellate court,
the Federal High Court in Abuja 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.
A five-member panel of the apex court, in its lead judgement
that was delivered by Justice Emmanuel Agim, held that the appellate court
misapprehended the core issue in dispute when it pegged it on the consolidated
revenue of Rivers State alone.
“This wrong view influenced it to hold that the subject
matter was not within the power of the Federal High Court,” the Supreme Court
noted, stressing that what was at the center 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.
It 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 Supreme 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.
Accusing governor Fubara of destroying the government
because of his fear of being impeached, the Supreme Court, awarded N5million
cost against him.
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The Supreme court is now populated by pro-wike justices but the masses in Rivers state must hold their ground since supreme court wants to engender anarchy championed by Wike.
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