Justice Joyce Abdulmalik of the Federal High Court Abuja has stopped the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations to the Rivers State Government.
Justice Abdulmalik 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.
Justice Abdulmalik specifically said that the governor’s action was a gross violation of the 1999 Constitution.
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.
Earlier in October, the Court of Appeal in Abuja affirmed the judgment of the Federal High Court which set aside the N800 billion budget passed by five members of the Rivers State House of Assembly which was led by Edison Ehie-led.
The appellate court dismissed the appeal filed by Fubara on grounds that it lacked merit.
The court held that Fubara withdrew his counter-affidavit at the lower court in the matter and as such cannot commence an appeal in a matter he did not challenge at the trial stage.
In the unanimous judgement, the court said that Governor Fubara is expected to apply the rule of law and not the rule of might.
The court further says that the situation in Rivers State House of Assembly is an executive dictatorship by the governor and a joke taken too far.
Justice Omotosho had nullified the 2024 Rivers budget passed by pro-Fubara lawmakers and set aside the presentation and passage of the Rivers State 2024 budget.
In the judgment delivered Omotoso ordered the governor to re-present the budget to the legally constituted House of Assembly under Martin Amaewhule.
Fubara had presented the budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’ of N800 billion to five out of the over 30 lawmakers of the state house of assembly in December 2023.
In the judgment, Justice Omotoso ordered Fubara to release all funds accruable to the Rivers House of Assembly and barred the governor from interfering with the activities of the assembly.
