*Also Sacks Local Government Chairmen
Tension is.brewing in the oil-rich rivers state as the Supreme Court has finally giving its judgemental allowing the Amaewhule-led Rivers State House of Assembly to resume sitting.
Also,the local government election conducted on the 5th of October 2024 by the Rivers State Independent Electoral Commission has been declared invalid by the Supreme Court, for violating the Electoral Act.
Specifically, the Supreme Court of Nigeria has restrained the Central Bank of Nigeria (CBN) from further disbursing monthly financial allocations to the state government until an Appropriation law is made by the legally recognised constituted Martin Amaewhule-led House.
Justice Emmanuel Agim delivered the lead judgement on Friday, resolving the long political crisis in the state in respect of the state funds and its legislative process.
The Federal High Court in Abuja had in 2024 issued an order barring CBN from further disbursing monthly financial allocations to the Rivers State government.
The verdict extended to the Accountant-General of the Federation (AGF), as well as Zenith Bank and Access Bank, where the state holds accounts.
Similarly, Justice Joyce Abdulmalik had ruled that Governor Siminalayi Fubara’s receipt and use of monthly allocations since January 2024 constitute a violation of the constitution that cannot be permitted to continue.
The judge described Fubara’s presentation of the 2024 budget to a four-member Rivers House of Assembly as a direct affront to constitutional requirements.
She further stated that the governor’s implementation of the budget reflects a gross breach of the 1999 Constitution, which he is bound to uphold.
Justice Abdulmalik consequently ordered the CBN, AGF, Zenith Bank, and Access Bank to block any further access by Fubara to funds from the Consolidated Revenue Fund and the Federation Account.
Following her verdict, parties appealed up to the Apex Court.
But, the Supreme Court, un assing a final verdict on the dispute, Emmanuel Agim, in a unanimous judgment, held that the FHC court rightly held that Fubara violated the law. He said political disagreement cannot override the rule of law.
He said what the governor has done is to destroy the principles of legislation and separation of powers over “the fear of being impeached.”
“In the light of the foregoing, I hold that the cross appeal lacks merit and is hereby dismissed.”
“For avoidance of doubt, the CBN and the Accountant General of the federation should forthwith stop paying to Rivers State any money belonging to Rivers until an Appropriation law is made by Rivers State House of Assembly constituted and prescribed.
“Right Honorable Martin Amaewhule and the other 26 members of the Rivers State House of Assembly should forthwith resume unhindered sitting as lawmakers.
“The Rivers State should resume sitting with all elected members forthwith,” the judge said.
With the latest developments, analysts said the Fubara admimistrstion may have reached the end of the road as the only way out may be political settlement with his godfather, if the windows are available.
However, with the tension brewing and considering the renewed interest by the federal government to commence oil extractions, it will be to the interest of rhe economy that amicable political solutions be explored
…Also Sacks Local Giveenmwnt Chairmen
The local government election conducted on the 5th of October 2024 by the Rivers State Independent Electoral Commission has been declared invalid by the Supreme Court.
In a judgment delivered by Justice Jamilu Tukur, the court declared the election invalid for grossly violating the Electoral Act.
Reading the judgement, Justice Tukur said the action of the Rivers State Independent Electoral Commission is declared void for lack of substantial compliance to the Electoral Act and guidelines as the electoral body continued voter registration even after announcing an election date.
The court held that processes leading to the conduct of a local government election were abridged in clear violation of Section 150 of the Electoral Act.
The Journey
The crisis over the state’s finances started from political crisis that erupted earlier in 2024, few months after Fubara assumed power as the successor of Nyesome Wike, the current Minister of the Federal Capital Teeritory (FCT) following Governor and 4he governor’s fallout with members of the state legislature.
Tensions reached feverish peak, resulting in torching of House of Assembly complex.
Some members of the house were allegedly impeached or suspended, leaving only four loyalists in the assembly.
It was also alleged that makoritybof the members defected ro rhe All Progreddives Party, (APC), an action that was later denied and became a subject of court’s interpretation.
However, despite the irregularity, Governor Fubara pressed forward, presenting and approving the state’s 2024 budget with the drastically reduced assembly, a move widely criticized as unconstitutional.
In January, the Federal High Court in Abuja voided the N800 billion budget approved by a faction of the Rivers State House of Assembly led by Edison Ehie and signed into law by Governor Siminalayi Fubara.
The court also ruled in favour of a suit filed by the Assembly and its Speaker, Martin Amaewhule, which sought an injunction to prevent Governor Fubara from obstructing the Assembly’s functions under Amaewhule’s leadership, among other reliefs.
Presiding Judge James Omotosho declared that all actions taken by the four lawmakers aligned with Fubara were illegal and without effect.
Earlier this month, the Court of Appeal in Abuja rejected Governor Siminalayi Fubara’s appeal challenging the Federal High Court’s decision that nullified the N800 billion budget passed by the Edison Ehie-led faction of the Rivers State House of Assembly and signed into law by the governor.
The three-member appellate panel delivered the ruling on Thursday, October 10, 2024, upholding the lower court’s judgment
In what appeared as Governor Fubara gaining upper hand.with the seeming overwhelming support from some political leaders and.elders.from the state, Fubara organised the local government election, which was conducted on the 5th of October 2024 by the Rivers State Independent Electoral Commission.
