The Supreme Court on Friday declared the River State’s local government election conducted on the 5th of October 2024 by the Rivers State Independent Electoral Commission invalid.
In a judgment delivered by Justice Jamilu Tukur, the court declared the election invalid for gross violation of the Electoral Act.
Delivering the judgement, Justice Tukur said the action of the Rivers State Independent Electoral Commission is declared void for lack of substantial compliance with the Electoral Act and guidelines for the conduct of the election.
The court held that processes leading to the conduct of a local government election were abridged in clear violation of Section 150 of the Electoral Act.
The Supreme Court on Friday also 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.
