The Supreme Court has affirmed the judgments of the Court of Appeal and the Federal High Court, both in Abuja, which had earlier declared the acts against the 27 members of the Rivers State House of Assembly members as unlawful and illegal.
A sum of N10 million fine was imposed on Fubara to be paid to the assembly and the 27 members who instituted the suit against him.
The federal high court had held that the receipt and disbursement of monthly allocations since January last year by Governor Siminalayi Fubara was a Constitutional summersault and aberration that must not be allowed to continue.
Justice Joyce Abdulmalik who delivered the Federal High Court judgment, had last year issued an order that the presentation of the 2024 budget by Fubara before a four-member Rivers House of Assembly was an affront to the Constitutional provision.
Specifically, the Judge had said that Fubara’s action in implementing unlawful budget smacked gross violations of the 1999 Constitution he swore to protect.
The judge had therefore restrained the Central Bank of Nigeria (CBN), Accountant General of the Federation (AGF), Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.
Affirming the judgment, the Supreme Court ordered the CBN and the AGF to stop further release of financial allocations to the Rivers State state Government with immediate effect.
The apex court directed that the order shall be in force until Fubara stops all his illegal, unlawful and unconstitutional activities.
Specifically, the Court said that no money shall be released to the state government until a lawful Appropriation Law is enacted under the Martin Amaewhule Speakership.
In a judgment on Friday delivered by Justice Emmanuel Akomaye Agim, the Supreme Court also ordered the 27- members of Rivers House of Assembly to resume function immediately.
The unanimous judgment of the five-man panel of Justices led by Justice Musa Uwani Aba-Aji dismantled all actions carried out by Fubara for being unlawful.
The apex court lambasted the governor for engaging in criminal activity of demolishing the House of Assembly with impunity just to prevent 27 legislators in the house from sitting to carry out lawful activities.
Justice Agim ordered the the Clerk and Deputy Clerk who were unlawfully redeployed out of the House must be allowed to resume work alongside the workers at the House.
The court held that it was aberration for Fubara to operate with only four out of the 32 assembly members under the guise of baseless fears that he would be impeached.
According to the Justices, Fubara by his unlawful act among others, collapsed the assembly and used his immunity under section 308 of the 1999 Constitution to carry out barbaric acts against the rule of law.
