The Federal High Court sitting in Abuja has restrained the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from further releasing funds to the Rivers State Government.
The ban will last pending when a lawful appropriation act is passed by a validly constituted House of Assembly.
Note that the court barred banks from allowing Governor Siminalayi Fubara to withdraw from the state’s accounts due to alleged unauthorised withdrawal of funds from the Rivers State Consolidated Revenue Funds Account.
Justice Joyce Abdulmalik issued the orders in a judgment on a suit filed by the Rivers State House of Assembly and Martins Amaewhule (as Speaker).
But Fubara said he was not bothered by the judgment, and that governance would continue.
He said efforts by detractors to frustrate his administration would continue to fail.
CBN, the banks, the Accountant General of the Federation, the governor, the Accountant General of Rivers State, Justice S. C. Amadi (Chief Judge of Rivers State), Justice Adolphus Enebeli (retired) who is the Chairman of the Rivers State Independent Electoral Commission and the Rivers State Government are the defendants in the suit FHC/ABJ/CS/984/2024.
Justice Abdulmalik noted that the legality of the budget passed by four members, which Fubara assented to, was invalidated in a January 22 judgment by Justice James Omotosho of the Federal High Court in Abuja.
She also noted that in the same judgment, which was affirmed by the Court of Appeal on October 10, Justice Omotosho found that Amaewhule was the authentic Speaker.
Justice Abdulmalik held Fubara’s decision to present the 2024 Appropriation Bill before only four lawmakers grossly violated sections 91 and 96 of the 1999 Constitution.
Justice Abdulmalik said: “Where there is a dereliction of constitutional order as in this instant case, this court will surely not shy away from its sacred constitutional responsibility to do what it considered just in the circumstances.”
Justice Abdulmalik granted all the reliefs sought by the plaintiffs, including:
• A declaration that the first defendant (Central Bank of Nigeria) is not entitled to release any amount, money, fund or revenue standing to the credit of Rivers State in the Consolidated Revenue Fund of Rivers State domiciled at the Central Bank of Nigeria, including all allocations and revenue receipts including from the Federation Account Allocation Committee (FAAC) due to Rivers State from the Federation Account or from any other source to the second defendant or any other bank, being the commercial bankers of Rivers State Government or any other person until the fund has been duly charged with the relevant expenditures by an Appropriation Law duly made by the House of Assembly of Rivers State.
• A declaration that the first, second and third defendants (CBN and the banks) by themselves or by their servants or agents are not entitled to release or permit the withdrawal of any amount, money, fund or revenue standing to the credit of Rivers State, Rivers State Government, Rivers State Government institutions or agencies (funded through appropriations in the Appropriation Law made by the House of Assembly of Rivers State) including Rivers State Independent Electoral Commission (the seventh defendant) for any purpose whatsoever until an Appropriation Law has been duly Made by the House of Assembly of Rivers State.
A defiant Fubara dismissed the judgment, describing it as “the least” of his problems.
Fubara spoke during a special thanksgiving service he organised to celebrate his administration’s resilience amidst rising political crises in the state.
He said despite the order, contractors and workers would be paid, and councils would get their allocations.
