Supreme Court Overrules Appeal Court, Affirms High Court’s Power to Halt Rivers State Revenue Allocation — SpringNewsNG
The Supreme Court has overruled the Court of Appeal, affirming that the Federal High Court has jurisdiction to halt the release of revenue allocations to the Rivers State Government. The apex court held that the appellate court’s reasoning was flawed and not supported by the reliefs sought in the originating summons.
According to the Supreme Court, the primary objective of the suit was to prevent the disbursement of funds to the first and second respondents until compliance with rulings in previous cases—RSHA1 and RSHA2—is achieved. These rulings mandate the Rivers State House of Assembly to pass an appropriation law in line with the provisions of the 1999 Constitution.
While acknowledging the ongoing political crisis in Rivers State and its roots in disregard for the rule of law, the Court of Appeal had ruled that the Federal High Court lacked jurisdiction over the matter. However, the Supreme Court disagreed, emphasizing that the Federal High Court possesses the authority to enforce compliance with judicial decisions, even against parties who were not initially involved in the case.
Citing judicial precedents, the Supreme Court noted that enforcement of judgments often requires the involvement of individuals or institutions responsible for implementing court orders. The apex court deemed Suit No. FHC/ABJ/CS/984/2024 a continuation of previous judgments rather than an independent case. Consequently, it ruled that the Appeal Court’s decision was incorrect and upheld the jurisdiction of the Federal High Court.
The Supreme Court resolved the sole issue in Appeal No. SC/CV/1174/2024 in favor of the appellants—the Rivers State House of Assembly and its Speaker, Martin Amaewhule. The respondents in the suit included the Rivers State Government, the Rivers State Independent Electoral Commission (RSIEC), Hon. Justice Adolphus Enebeli (Rtd), the Central Bank of Nigeria, Zenith Bank Plc., Access Bank Plc., the Accountant General of the Federation, Governor Siminalayi Fubara, the Accountant General of Rivers State, and Hon. Justice S. C. Amadi (Chief Judge of Rivers State).
Governor Fubara had challenged the legitimacy of the Rivers State House of Assembly under the leadership of Speaker Martin Amaewhule. However, the Supreme Court ruled against Fubara, ordering Amaewhule and other elected lawmakers to resume their legislative duties immediately.
The court condemned Fubara’s presentation of the state’s appropriation bill to a four-member assembly, excluding 28 constituencies, as a clear violation of a prior order requiring the governor to re-submit the 2024 budget to a properly constituted assembly led by Amaewhule. Furthermore, the court criticized the governor’s handling of the alleged defection of 28 lawmakers, describing it as an authoritarian attempt to cripple the assembly’s functions.
The Supreme Court also denounced the demolition of the Rivers State House of Assembly Complex, labeling it an abuse of executive power intended to silence the legislature.
In a related ruling, the Supreme Court nullified the local government elections held in Rivers State on October 5, 2024. Justice Jamilu Tukur declared the elections invalid due to gross violations of the Electoral Act. The court found that the Rivers State Independent Electoral Commission failed to adhere to electoral guidelines, including conducting voter registration beyond the announced election date. As a result, the entire election process was declared void.
