Supreme Court Nullifies Rivers State Local Government Election

 The Supreme Court, on Friday, invalidated the local government election conducted in Rivers State on October 5, 2024, by the Rivers State Independent Electoral Commission (RSIEC). The ruling, delivered by Justice Jamilu Tukur, cited significant violations of the Electoral Act as the basis for the decision.  

Justice Tukur stated that the RSIEC failed to substantially comply with the Electoral Act and the guidelines for conducting the election. The court emphasized that the processes leading to the election were improperly shortened, directly contravening Section 150 of the Electoral Act.  

In addition to nullifying the election, the Supreme Court upheld earlier rulings by the Court of Appeal and the Federal High Court in Abuja. These courts had previously declared the actions taken against 27 members of the Rivers State House of Assembly as unlawful. As part of the judgment, Governor Siminalayi Fubara was fined N10 million, payable to the assembly and the 27 members who filed the lawsuit against him.  

The Federal High Court had earlier ruled that Governor Fubara’s receipt and disbursement of monthly allocations since January 2023 constituted a constitutional breach. Justice Joyce Abdulmalik, who delivered the Federal High Court judgment, described Fubara’s presentation of the 2024 budget before a four-member Rivers House of Assembly as a violation of constitutional provisions. She also criticized his implementation of an unlawful budget as a gross violation of the 1999 Constitution.  

As a result, the Federal High Court had barred the Central Bank of Nigeria (CBN), the Accountant General of the Federation (AGF), Zenith Bank, and Access Bank from allowing Fubara to access funds from the Consolidated Revenue and Federation Accounts.  

The Supreme Court affirmed this decision and ordered the CBN and AGF to immediately halt further financial allocations to the Rivers State Government. The court mandated that the order remain in effect until Governor Fubara ceases all illegal, unlawful, and unconstitutional activities. Specifically, the court ruled that no funds should be released to the state government until a lawful Appropriation Law is enacted under the leadership of Speaker Martin Amaewhule.