A’Court Reserves Judgement in Appeal Halting Rivers’ Allocations

Alex Enumah in Abuja

The Court of Appeal in Abuja, on Friday, reserved its judgement in the suit filed by the Rivers State Governor, Mr Siminalayi Fubara, seeking to void the judgement that barred the Central Bank of Nigeria (CBN), from releasing monthly allocations to Rivers State.

A three-member panel of the appellate court announced that judgement is reserved shortly after listening to arguments from lawyers for and against the appeal.

The panel presided by Justice Hamma Barka, told the court that judgement is reserved to a date that would be communicated to parties in the appeal.

The appellant had approached the Abuja division of the Court of Appeal, to challenge the October 30, judgement of Justice Joyce AbdulMalik of the Federal High Court, Abuja, which halted further release of the state’s allocation until the governor presents the 2024 appropriation to the faction of the Rivers State House of Assembly, said to be loyal to the Minister of the Federal Capital Territory (FCT), Mr Nyesom Wike.

Justice Abdulmalik had faulted Fubara’s presentation of the 2024 appropriation before a 4-member Rivers House of Assembly, describing the act as an affront to constitutional provision.

The Rivers State Speaker, Rt. Honourable Martin Amaewhule and 26 state legislators were said to have decamped from the People’s Democratic Party (PDP) which sponsored them to office, to the All Progressives Congress (APC).

Based on their alleged defection, the governor argued that they were no longer members of the House of Assembly, and as such cannot preside over the state’s appropriation.

But, Justice Abdulmalik in her judgement recognized Amaewhule ‘s faction as the right legislators and granted their prayers to halt further release of allocations until the budget was presented to the 27 Pro-Wike lawmakers.

She described the receipt and disbursement of monthly allocations since January this year by governor Fubara as nothing short of a constitutional aberration that must not be allowed.

She also held that Fubara’s action in implementing unlawful budget stands as a gross violations of the 1999 Constitution he swore to protect.

Abdulmalik subsequently made an order restraining the CBN, 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, the judge declared that the judgement of Rivers State High Court which ruled in favour of Fubara to implement the 2024 budget has also been set aside by the Court of Appeal, Abuja division.

She noted that the CBN is under constitutional obligation to ensure that the Rivers house of assembly is properly constituted as required in the Constitution, before money from the consolidated revenue and federation account are released to the beneficiaries.

She said “Appropriation Bill for January to December 2024, being operated by the 5th defendant (Fubara), having not been charged by the lawful House of Assembly is illegal, unlawful and subversion of the 1999 Constitution.

“It is mandatory to present the appropriation bills before the appropriate Houses of Assembly before legitimate disbursement and withdrawal can be made.

However, Fubara argued that Justice Abdulmalik erred in law when she made the order halting release of allocations to the state.

The governor therefore prayed the panel to set aside the judgement of the lower court for being perverse.

He urged the court to grant his reliefs in the appeal marked CA/ABJ/CV/1303/2024, and vacate the judgment stopping the state allocation.

Meanwhile, the panel consolidated five other appeals that emanated from the purported judgement of the high court- marked as: CA/ABJ/CV/1277/24, CA/ABJ/CV/1196/24, CA/ABJ/CV/1287/24, CA/ABJ/CV/1293/24 and CA/ABJ/CV/1360/2024.