The Court of Appeal, Abuja Division, on Friday, reserved judgment in a case filed by Rivers State Governor Siminalayi Fubara. The case seeks to overturn a Federal High Court ruling that barred the Central Bank of Nigeria (CBN) from releasing monthly allocations to Rivers State.
This legal battle stems from an October 30 judgment by Justice Joyce AbdulMalik of the Federal High Court, Abuja. The judge ruled that Governor Fubara’s presentation of the 2024 budget to a four-member Rivers House of Assembly violated constitutional provisions. She described the governor’s receipt and disbursement of monthly allocations since January as a constitutional breach and issued an injunction preventing the CBN, the Accountant General of the Federation, and two commercial banks—Zenith Bank and Access Bank—from granting the state access to federal funds.
At Friday’s hearing, a three-member panel led by Justice Hamma Barka consolidated five related appeals arising from the original high court decision. These cases, identified as CA/ABJ/CV/1277/2024, CA/ABJ/CV/1196/2024, CA/ABJ/CV/1287/2024, CA/ABJ/CV/1293/2024, and CA/ABJ/CV/1360/2024, were brought forward for consideration. The panel, following the adoption of submissions by all parties, reserved judgment to a date that will be communicated later.
Governor Fubara, represented by Senior Advocate of Nigeria Yusuf Ali, argued in his appeal that the lower court’s ruling was flawed. He called for the immediate vacation of the order restraining the state from accessing its allocations. The governor contended that the presentation of the budget to the four-member assembly was necessitated by unique circumstances and should not serve as a basis for denying the state its lawful funds.
Justice AbdulMalik’s initial ruling was prompted by a suit filed by a faction of the Rivers State House of Assembly led by Rt. Hon. Martin Amaewhule. The judge criticized the assembly’s composition and deemed the 2024 budget presentation a clear affront to constitutional norms. She further declared the ongoing operation of the unlawful budget a subversion of the 1999 Constitution and directed that no withdrawals be made from Rivers State’s accounts until a legitimate budget is passed by an appropriately constituted House of Assembly.
As the legal tussle continues, the Rivers State government awaits the appellate court’s verdict, which could have far-reaching implications for governance and financial operations in the state.
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