Supreme Court Blocks Rivers State FAAC Funds, Backs Amaewhule-Led Legislature

The Supreme Court of Nigeria barred the Central Bank (CBN) from disbursing monthly federal allocations to the Rivers State government until a lawful Appropriation Act is enacted by the state’s House of Assembly, led by Speaker Martin Amaewhule.

Justice Emmanuel Agim, delivering the unanimous judgment, resolved a prolonged political and legal dispute over the state’s funds and legislative authority, emphasizing that political disagreements must not override the rule of law.

The Supreme Court’s verdict mandates that Right Honorable Martin Amaewhule and the 26 other members of the Rivers State House of Assembly resume their legislative duties without hindrance.

Origin of the Dispute

The legal battle traces its roots to a political crisis that erupted in early 2024 when most members of the Rivers House of Assembly faced reported impeachment or suspension, reducing the legislative body to four members loyal to the governor. Fubara then presented the state’s 2024 budget, valued at N800 billion, to this four-member assembly, which swiftly approved it, an action that was condemned as a violation of constitutional norms.

The Martin Amaewhule-led Assembly challenged this move, accusing the governor of obstructing its functions. In January 2024, Justice James Omotosho of the Federal High Court in Abuja voided the N800 billion budget, declaring all actions taken by the four-member faction, led by Edison Ehie, as illegal and without legal effect.

The court granted an injunction preventing Fubara from undermining the Amaewhule-led Assembly, setting the stage for a series of appeals that culminated in the Supreme Court’s decisive ruling.

Federal High Court’s Initial Ruling

The Federal High Court’s intervention in 2024 marked a turning point in the crisis. Justice Joyce Abdulmalik, presiding over the case, ruled that Governor Fubara’s receipt and disbursement of monthly allocations since January 2024 constituted a breach of the 1999 Constitution.

She described the governor’s presentation of the budget to a four-member assembly as a “direct affront” to constitutional requirements and his subsequent implementation of the budget as a “gross breach” of his oath to uphold the law.

Justice Abdulmalik ordered the CBN, AGF, Zenith Bank, and Access Bank, where the state has accounts, to block Fubara’s access to funds from the Consolidated Revenue Fund and the Federation Account, effectively freezing the state’s finances pending compliance with legal standards. Dissatisfied parties appealed the verdict, escalating the matter to the Supreme Court for a final determination.

Supreme Court’s Reasoning: Law Above Politics

In his lead judgment, Justice Emmanuel Agim reaffirmed the Federal High Court’s findings, dismissing a cross-appeal by Fubara’s camp as lacking merit. He criticized the governor’s actions as an attempt to dismantle the principles of legislation and separation of powers, driven by “the fear of being impeached.” Agim stressed that political maneuvering cannot supersede constitutional obligations, stating, “Political disagreement cannot override the rule of law.”

The Supreme Court ordered the CBN and AGF to halt all payments to Rivers State until an Appropriation Act is passed by the duly constituted House of Assembly. Additionally, the court mandated that Amaewhule and the 26 other elected lawmakers resume their legislative sittings immediately, restoring the full complement of the Assembly as prescribed by law.

Implications for Rivers State Governance

The Supreme Court’s decision has far-reaching consequences for Rivers State. With the Amaewhule-led Assembly reinstated, the state’s legislative process is expected to resume in full swing, paving the way for a lawful budget to be enacted. Until then, the state government faces a financial bottleneck, unable to access Federation Account Allocation Committee (FAAC) funds, a critical lifeline for its operations.

The ruling also highlights the judiciary’s firm stance against executive overreach, reinforcing the separation of powers enshrined in Nigeria’s Constitution. For Governor Fubara, the verdict represents a setback in his tussle with the Assembly, compelling a return to legislative cooperation or risking further legal and political isolation.

What Lies Ahead

All eyes are on the Amaewhule-led Assembly and its next steps. The immediate resumption of sittings, as ordered by the Supreme Court, will test the willingness of all parties to adhere to the judgment and restore stability. For residents of Rivers State, the hope is that this resolution will shift focus from political wrangling to governance and development.

The Supreme Court’s intervention marks a defining moment in Nigeria’s democratic journey, reaffirming that the rule of law remains paramount, even in the face of deep-seated political crises.

Fubara presented the state’s 2024 budget, valued at N800 billion, to a four-member assembly, of which its approval was condemned as a violation of constitutional norms.

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