The Court of Appeal sitting in Abuja on Friday granted the appeal filed by Rivers State Governor Siminalayi Fubara against the judgment of Federal High Court Abuja which had ordered that federal allocation due Rivers State be withheld pending the re-presentation of the state’s 2024 budget to the house of Assembly faction led by the pro-Wike lawmakers.
It would be recalled that Justice Joyce Abdulmalik of the Federal High Court Abuja had on October 30, 2024 ordered the Central Bank of Nigeria, CBN to henceforth withhold the Rivers State share of Federal Allocation.
Justice Abdulmalik who issued the order in a judgment in the suit filed by the Rivers State House of Assembly and Rt Hon. Martin Chike Amaewhule as its Speaker, 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 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 subversion of the 1999 Constitution.
According to the Judge, “It is mandatory to present Appropriation Bills before the appropriate Houses of Assembly before legitimate disbursement and withdrawal can be made.
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She also issued another order of injunction which restrained Fubara, 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.
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.
However, Governor Fubara had filed an appeal and stay of execution against the ruling which the appellate court granted. The stay of execution provided a temporary relief for Governor Fubara and the State Government, thus opening a window for the state to continue to access its share of the federal allocations.
However, the Federal Appeal Court Abuja presided over by Justice Hamma Barka consolidated all five appeals on the Rivers State political imbroglio, including the one bordering on the state federal allocations and thereafter reserved ruling to a date to be communicated to the parties.
Barka’s action followed a request by Counsel to Governor Fubara, Yusuf Ali SAN who had urged the court to consolidate all the cases.
Ruling on the appeal by Governor Fubara on Friday December 13 2024, Justice Hamma Barka, slammed the Federal High Court for overstepping its bounds, declaring the case filed by Martin Amaewhule and his allies a gross abuse of the legal process.
The Court ruled that issues concerning state funds cannot be entertained under the guise of federal jurisdiction, warning that listing federal agencies inappropriately is a legal shortcut that will not stand.
As at the time of filing this report, Rivers State Government had yet to react to the judgment.
A civil servant who spoke to The Trumpet on condition of anonymity had gone wild with joy, throwing her arms into the air in reverence to God for according to her “putting the enemies of the State to shame”
“Who God has blessed, no man can curse him. Our Governor is Godsent and there is nothing any evil gang up can do to him. Glory to God”, she exclaimed.
