In a landmark ruling on February 28, 2025, the Supreme Court of Nigeria ordered the Central Bank of Nigeria (CBN) and the Accountant General to halt the release of monthly statutory allocations to Rivers State. The decision has drawn widespread attention, as it involves key financial matters that directly affect the state’s governance and financial operations.
The court’s ruling was part of a larger judgment that also involved a dispute over the leadership of the Rivers State House of Assembly. The Supreme Court, in a five-member panel decision, directed that the members of the Martins Amaewhule-led faction of the Rivers State House of Assembly should remain in office. This came after the Court of Appeal in Abuja had previously vacated a decision to stop the release of funds to the state.
The court’s judgment is seen as a significant development in the ongoing political and legal battle within the state, which has been marked by disagreements between Governor Siminalaye Fubara and the legislative arm of the government.
Background of the Dispute
The issue began when Governor Siminalaye Fubara’s administration failed to present the 2024 Appropriation Bill to the Rivers State House of Assembly. According to the law, the governor must submit the budget to the House to enable lawmakers to pass it and ensure proper funding for state projects. However, the governor did not submit the bill to the Assembly led by Martins Amaewhule, which has raised questions about the legality of the actions taken by the Rivers State government.
The Amaewhule faction of the House of Assembly has been at the center of this conflict, which has involved the validity of the legislative body itself. The Amaewhule group has argued that the Governor’s failure to submit the Appropriation Bill meant that the budgetary process could not move forward. Moreover, the governor’s decision not to engage with the assembly led by Amaewhule led to a growing rift that further complicated the state’s governance.
The Supreme Court ruling delivered by Justice Emmanuel Agim has thrown a new light on the ongoing legal battle. In the ruling, the Court faulted the Abuja Division of the Court of Appeal, which had previously lifted the order that prevented the release of funds to Rivers State.
Justice Agim’s judgment was clear: Governor Fubara was in violation of an earlier court order, which required him to present the 2024 Appropriation Bill to the valid House of Assembly led by Martins Amaewhule. Justice Agim rebuked the governor for not obeying the court’s order, which had serious consequences for the functioning of the state government.
The judgment also dealt with the issue of the membership of the Rivers State House of Assembly. The Supreme Court ruled that the 27 lawmakers who were accused of defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) should remain in their positions in the Assembly. The court stated that their status should remain valid pending the final resolution of the matter.
The 27 lawmakers’ defection had been a contentious issue in the state, with Governor Fubara and his allies questioning the legitimacy of the lawmakers who moved to the opposition APC. The defection had led to a power struggle within the Assembly, as the Amaewhule faction of the Assembly had strong support among the defected lawmakers.
This ruling has far-reaching implications for governance in Rivers State, particularly for the functioning of the state legislature and the flow of funds from the federal government. The suspension of the statutory monthly allocations to the state is a significant step, as it affects the state’s ability to finance various governmental operations, from infrastructure projects to the payment of salaries for public servants. The monthly allocation is a major source of revenue for state governments in Nigeria, and this decision places the Rivers State government in a challenging position, particularly in the face of the ongoing political instability.
The court’s decision to leave the 27 defected lawmakers in office also adds further complexity to the political situation. While this is a victory for the Amaewhule faction, it may create a prolonged period of uncertainty as the final determination of the lawmakers’ defection status is still pending. This delay in resolving the leadership crisis in the Assembly could further complicate the state’s legislative processes and its relationship with the executive arm of the government.
Rivers State has long been a battleground for political control, especially between the ruling PDP and the opposition APC. In the recent past, the state has seen intense power struggles, not only between the executive and legislative arms of government but also within the political parties themselves.
Governor Fubara, who took office in May 2023, is a member of the PDP, the party that has traditionally held power in Rivers State. However, the recent defection of several lawmakers from the PDP to the APC has shaken the political landscape in the state. Governor Fubara has faced criticism for his handling of the situation, with many questioning his ability to manage the state’s political and legislative affairs.
The Amaewhule-led faction of the House of Assembly, which has now been confirmed by the Supreme Court, is aligned with the former governor of the state, Nyesom Wike, a strong figure in Nigerian politics. Wike, who governed Rivers State from 2015 to 2023, has been a prominent member of the PDP and has been closely involved in the political dynamics in the state. His influence continues to play a significant role in the power struggles within the state, as seen in the ongoing dispute between the governor and the Assembly.
The suspension of monthly allocations to Rivers State by the Supreme Court is a temporary but impactful measure that will certainly affect the state’s finances. In the coming months, the state government will have to navigate these financial challenges while also dealing with the legal uncertainties surrounding the leadership of the state Assembly.
Governor Fubara’s administration will also face increasing pressure to resolve the crisis in the Assembly. The court’s decision not to recognize the defection of the lawmakers means that the conflict over who controls the legislature will continue. For the Amaewhule faction, the ruling is a significant win, but the unresolved issue of the defected lawmakers’ status means that the political situation in the state remains fluid.
