From Godwin Tsa Abuja
The Abuja division of the Court of Appeal has reserved judgment in the appeal filed by Governor Siminalayi Fubara of Rivers State seeking to nullify the decision of the Federal High Court stopping the Central Bank of Nigeria (CBN), from releasing monthly allocations to State.
The appeal is against the October 30, 2024 Judgment of Justice Joyce Abdulmalik of the Abuja division of the Federal High Court, stopping the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations to Rivers state government.
The suit, which has the Rivers State House of Assembly and Rt Hon Martin Chike Amaewhule as plaintiffs, has the CBN, Zenith Bank, Access Bank, Accountant General of the Federation, Rivers State governor, Accountant General of Rivers, Rivers State Independent Electoral Commission, Hon Justice S. C. Amadi, Chief judge of Rivers state, Justice Adolphus Enebeli, chairman of RSIEC and Rivers state government as defendants.
In her judgment, Justice Abdulmalik held that the receipt and disbursement of monthly allocations since January this year by Governor Fubara is a constitutional summersault and aberration that must not be allowed to continue.
She further held that the presentation of the 2024 budget by Fubara before a four-member Rivers State House of Assembly was an affront to the constitutional provision.
The judge specifically held that Fubara’s action in implementing unlawful budget smacked gross violations of the 1999 Constitution he swore to protect and consequently restrained the apex bank, the Accountant General of the Federation, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.
Justice Abdulmalik held that the action of the four-member Rivers State House of Assembly being held on to by Governor Fubara as a yardstick to justify unlawful budget had since been nullified and set aside by the Federal High Court, Abuja and the Court of Appeal, Abuja Division. According to the Judge, the judgment of the Rivers State High Court, which gave power to the governor to implement the 2024 budget, had also been set aside by the Court of Appeal.
She said the Appropriation Bill for January to December 2024, being operated by the 5th defendant (Fubara), having not been passed by the lawful House of Assembly is illegal unlawful and a subversion of the 1999 Constitution.
She also issued another order of injunction which restrained Fubara, the Accountant General of the state and their agents from authorizing the withdrawal of money from the Rivers state bank accounts domiciled at the Zenith Bank and Access Bank until the budget of the state is passed by the appropriate House of Assembly.
Meanwhile, the special panel of the appellate court also consolidated five other appeals arising from the political crisis in the state as identified as CA/ABJ/CV/1277/24, CA/ABJ/CV/1196/24, CA/ABJ/CV/1287/24, CA/ABJ/CV/1293/24, and CA/ABJ/CV/1360/2024 respectively.
Earlier, while adopting his briefs of argument in the appeal marked CA/ABJ/CV/1303/2024, counsel to Governor Fubara, Yusuf Ali, SAN representing the Governor of Rivers State, Siminalayi Fubara, urged the court to consolidate the five appeals, a request the court granted.