By our reporter
More trouble came for the beleaguered government of Governor Simi Fubara of Bayelsa State as the Supreme Court today, February 28, issued an order restraining the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from further releasing financial allocations to the State government.
This appears to be a major victory for Barrister Nyesom Wike, the Minister of Federal Capital Territory (FCT), who has been entangled in a protracted tussle for control of the petro-dollar-rich state with the governor, his estranged political godson and successor.
Wike has the support of factional Speaker of the Rivers State House of Assembly, Hon. Martin Amaewhule, and 27 majority lawmakers, with only a minority faction of four backing Gov. Fubara.
Furthermore, the apex court directed that the ruling will remain in force until Gov. Fubara stops what the court described as “illegal, unlawful, and unconstitutional activities.”
Delivering the court’s ruling, Justice Emmanuel Akomaye Agim declared that no funds should be disbursed to the state government unless a lawful Appropriation Law is enacted under the leadership of Speaker Amaewhule.
Additionally, the court ordered the immediate resumption of the 27 members of the State House of Assembly led by Amaewhule, whose activities had been disrupted by the faction loyal to the governor –in another strand to the ruling that directly favours Wike’s interests.
The resumption of the 27 lawmakers raises serious concerns over Fubara’s continued stay in office as there are speculations that his impeachment is a glaring possibility.
The Supreme Court five-member panel, led by Justice Musa Uwani Aba-Aji, in a unanimous ruling, nullified all actions taken by Gov. Fubara, citing same as unlawful.
They lambasted Fubara for his decision to demolish the House of Assembly complex, describing it as a criminal act intended to prevent lawmakers from performing their constitutional duties.
Justice Agim also directed that the Assembly Clerk and Deputy Clerk, who were unlawfully redeployed, be reinstated alongside all Assembly staff.
The Supreme Court described as an “aberration” that Gov. Fubara is governing with only four of the 32 lawmakers in the Assembly under the pretext of preventing an impeachment.
The apex court berated him for exploiting his immunity under Section 308 of the 1999 Constitution to undermine democratic governance.
The court upheld previous judgments by the Court of Appeal and the Federal High Court in Abuja, both of which had declared the governor’s actions against the 27 lawmakers as illegal.
The apex court fined Fubara ₦10 million, payable to the House of Assembly and the affected lawmakers who went to court.
Previously, the Federal High Court had ruled that the governor’s receipt and disbursement of monthly allocations since January 2024 amounted to a constitutional violation.
Pronouncing judgment on the matter, Justice Joyce Abdulmalik, had held that the presentation and implementation of the 2024 budget before a four-member Assembly was an outright breach of the 1999 Constitution.
Therefore, she stopped the CBN, the Accountant General of the Federation, and commercial banks, including Zenith Bank and Access Bank, from allowing the governor access to funds from the Consolidated Revenue and Federation Accounts.
