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From Godwin Tsa Abuja
The Abuja division of the Court of Appeal has set aside all orders restraining the Central Bank of Nigeria (CBN) and the Accountant General of the Federation (AGF), from releasing funds to the Rivers State Government.
A three-member panel of the appellate court, presided by Justice Hamman Barka, held that the subject matter was not within the jurisdiction of the trial court as it relates to the revenue of the state.
While allowing the appeal lodged by the Rivers state government, the court further set aside all the orders made by Justice Joyce Abdulmalik of the Federal High Court on the grounds that it was unconstitutional for her to make orders restricting Rivers State government to receive funds due to the state from its consolidated revenue fund.
The appellate court held that the lower court overreached itself and was bereft of jurisdiction to entertain the matter in the first place.
Justice Abdulmalik had in her October judgment held that the receipt and disbursement of monthly allocations since January this year by the Rivers State Governor, Siminalayi Fubara, was a breach of the Constitution and an aberration that must not be allowed to continue. The judge held that the presentation of the 2024 budget by Fubara before a four-member Rivers House of Assembly was an affront to the constitutional provision.
The judge subsequently restrained the Central Bank of Nigeria, 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.
