Justice Joyce Abdulmalik of the Federal High Court in Abuja has issued an order preventing the Central Bank of Nigeria (CBN) from releasing monthly financial allocations to the Rivers State Government.
The judge ruled that the receipt and distribution of these funds by Rivers State Governor Siminalayi Fubara since January constitutes a constitutional violation that cannot continue. She stated that Fubara’s presentation of the 2024 budget to a limited group within the Rivers House of Assembly was a clear breach of constitutional norms. Justice Abdulmalik emphasized that this action represented a significant infringement of the 1999 Constitution.
Consequently, the court has restrained the CBN, the Accountant General of the Federation, Zenith Bank, and Access Bank from allowing Fubara access to funds from the Consolidated Revenue and Federation Account.
Earlier this month, the Court of Appeal in Abuja upheld the Federal High Court’s decision that annulled the N800 billion budget passed by a faction of the Rivers State House of Assembly led by Edison Ehie. The appellate court dismissed Fubara’s appeal, stating it lacked merit and noted that he had withdrawn his counter-affidavit during the trial, precluding him from pursuing an appeal.
In its unanimous ruling, the court asserted that Governor Fubara must adhere to the rule of law, rather than exerting executive power unilaterally. It characterized the current situation in the Rivers House of Assembly as an example of executive overreach.
Furthermore, Justice Omotosho had previously invalidated the 2024 budget approved by Fubara’s supporters and ordered the governor to resubmit the budget to the legally constituted House of Assembly led by Martin Amaewhule. Fubara had initially presented a budget titled “Budget of Renewed Hope, Consolidation and Continuity,” amounting to N800 billion, to only five out of the more than 30 lawmakers in December 2023. Justice Omotosho also instructed Fubara to release all funds due to the Rivers House of Assembly and prohibited him from interfering in its operations.
