₦airaland Forum

https://www.youtube.com/watch?v=P9ErsYNDD8g

The Supreme Court on Friday ruled that the Central Bank of Nigeria and the Accountant-General of the Federation must halt the release of funds to the Rivers State Government until the Rivers House of Assembly is properly constituted in line with the 1999 Constitution.
The apex court also affirmed the Martins Amaewhule-led Rivers House of Assembly members as the valid lawmakers.
A five-member panel of the Supreme Court, in a unanimous decision delivered by Justice Emmanuel Akomaye Agim, declared that no funds should be disbursed to the Rivers State Government until a lawful Appropriation Act is enacted in the state.
Justice Agim specifically upheld the judgment of the Federal High Court, which barred the allocation of funds to the state government.
She also condemned Governor Fubara’s presentation of the 2024 budget to a four-member Rivers House of Assembly, stating that it was a direct violation of constitutional requirements.
Delivering judgment on the appeal brought before it by the 27 lawmakers, Justice Agim overturned the Court of Appeal ruling that had nullified the Federal High Court judgment on jurisdictional grounds and restored the trial court’s decision.
He declared, “The judgment of the Federal High Court is hereby affirmed.”
The Supreme Court further ruled, “The Rivers State allocation fund is to be withheld until the unconstitutional actions are rectified.”
Referring to the Appeal Court judgment that criticised Fubara for presenting the 2024 budget before only four Assembly members, Justice Akomaye likened the governor’s actions to “bigamy.”
The court reaffirmed that the presentation of the 2024 budget before four out of 31 members of the House of Assembly was unconstitutional and, therefore, void.
The justices criticised Fubara for demolishing the Rivers House of Assembly building, allegedly to prevent the 27 defected lawmakers from sitting, thereby forcing them to convene elsewhere to carry out legislative duties.
The court noted that it was becoming a pattern for those in executive power, when feeling threatened by impeachment, to resort to tactics such as demolishing buildings or other unconstitutional actions.
The court ruled, “Four members sitting as purported members of the House of Assembly in defiance of a subsisting court order is a nullity.”
The justices further stressed that the legislature is the core institution of governance and must be protected at all costs.
Justice Agim ordered that the Clerk and Deputy Clerk, who were unlawfully redeployed from the House of Assembly, be reinstated along with other Assembly staff.
The court criticised Fubara for using his immunity under Section 308 of the 1999 Constitution to justify unconstitutional actions, including demolishing the Assembly, working with only four lawmakers, disobeying court orders, and disregarding constitutional provisions.
“In my view, this is an act of indiscipline born out of executive power,” Justice Agim said.
“This is a joke taken too far,” he added.
Justice Agim further ruled that the 27 members of the House of Assembly must be allowed to resume their duties without interference.
“The government cannot function without one of its three arms. The governor’s illegal actions cannot be justified,” the court declared.
The Supreme Court also imposed a fine of ₦5 million against Fubara.

Secondly, The Supreme Court, on Friday, nullified the outcome of the Local Government Elections that were held in Rivers State on October 5, 2024.The apex court upheld an appeal that was brought before it by the All Progressives Congress, APC.
In a unanimous decision by a five-member panel led by Justice Uwani Abba-Aji, the court vacated the November 21, 2024, judgement of the Abuja Division of the Court of Appeal, which validated the elections.
In its lead judgement that was delivered by Justice Jamilu Tukur, the Supreme Court held that there was no evidence to establish that the condition of precedents stipulated by section 150(3) of the Electoral Act, 2010, was met before the election was conducted by the Rivers State Independent Electoral Commissioners, RSIEC.
The Supreme Court restored an earlier verdict of the Federal High Court in Abuja, which barred the Independent National Electoral Commission, INEC, from releasing voters’ registers to the RSIEC for the conduct of the LG polls.
It will be recalled that a special panel of the Court of Appeal led by Justice Onyekachi Otisi held that the high court lacked the jurisdiction to entertain suit against the Rivers State LG elections.
The appellate court equally faulted the trial court for barring security agencies from providing security during the elections.
According to the appellate court, section 28 of the Electoral Act does not cover elections conducted by states but only federal elections, governorship and Area Council Elections in the Federal Capital Territory.
It held that Justice Peter Lifu of the Federal High Court in Abuja, who had on the strength of a suit that was filed by the APC, stopped the conduct of the Rivers State LG elections, acted outside his jurisdiction.
Justice Lifu had based his judgement on the fact that the RSIEC erred by fixing date for the conduct of polls in the 23 local government areas of the state without strict compliance with relevant laws guiding such election.
Justice Lifu held that the RSIEC failed to publish the 90-day mandatory notice before it scheduled the election.
More so, he held that the update and revision of voters’ register to be used for the election ought to have been concluded before any valid date could be fixed for the polls.
Consequently, he ordered INEC not to make the certified voters’ register available to RSIEC, pending when the relevant laws were complied with.
He further barred RSIEC from accepting any voter register from INEC or using the same for the purpose of the LG polls, a decision that was upheld by the Supreme Court on Friday.

Congratulations to them. They should now put their heads together and work for the good of the people.

Anijay1212:
Congratulations to them. They should now put their heads together and work for the good of the people.

True tho