The Federal High Court in Abuja has stopped the Central Bank of Nigeria, CBN, from further releasing monthly financial allocations from the Federation Account to Rivers State government.
The court held that the receipts and disbursements of monthly allocations since January this year by Governor Siminalayi Fubara is a constitutional aberration that must not be allowed to continue.
Justice Joyce Abdulmalik who issued the order on Wednesday 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.
Specifically, the Judge said that Fubara’s action in implementing unlawful budget having not been passed by the appropriate House of Assembly smacked of gross violations of the 1999 Constitution he swore to protect.
The judge therefore restrainined 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.
Delivering judgment in a suit filed by Rivers House of Assembly and Rt Hon Martin Chike Amaewhule as its Speaker, Justice Abdulmalik held that the CBN was under obligation to ensure that the right thing was done before money from Consolidated revenue and Federation Account are released to the beneficiaries.
The judge said that the action of the four-member House of Assembly being held on to by Governor Fubara as yardstick to justify the unlawful budget had since been nullified and set aside by the federal high court and the Court of Appeal both in Abuja.
Justice Abdulmalik held that the judgment of Rivers state high court which gave power to the governor to implement the 2024 budget had also been set aside by the Court of Appeal.
“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.
‘In the instant case, the 5th defendant (Fubara) has not presented any budgetary appropriation known to law to any legitimate House of Assembly. Sections 120 122 and 197 of the Federal Republic of Nigeria have not been complied with.
“It is unwarranted assault to the Constitutional Order for anybody, including the 5th defendant to be allowed or permitted to continue to breach and violate sections 91 and 96 of the Constitution to implement budget that was not approved by the Legislative Arm.
“Every individual must subject to the rule of law. Using illegally constituted House of Assembly to disburse public fund must not be allowed”, the court ruled.
Justice Abdulmalik subsequently issued an order of injunction which restrained CBN, Zenith Bank, Access Bank and the Accountant General of the Federation from permitting the withdrawal or use of the funds from the Consolidated revenue account and the Federation Account by Rivers State Government until the budget of the state is passed by the appropriate House of Assembly.
She also issued another order of injunction which restrained Fubara, Accountant General of the state and their agents from authorizing the withdrawal of money from the Rivers state bank accounts domiciled at Zenith Bank and Access Bank until the budget of the state is passed by the appropriate House of Assembly.
The Judge held that the House of Assembly under Rt Hon Martin Chike Amaewhule remains the legitimate House of Assembly in view of the Federal high Court judgment which nullified and set aside the House of Assembly of Victor Oko Jumbo led four-member House of Assembly and upholding of same by the Court of Appeal in Abuja.
Earlier, several objections raised against the hearing of the suit in Abuja, locus standi of the plaintiffs, lack of reasonable cause of action among others were dismissed by the Judge for being unmeritorious.
The two plaintiffs in the suit are Rivers State House of Assembly and Rt Hon Martin Chike Amaewhule.
The 10 defendants are CBN, Zenith Bank, Access Bank, Accountant General of the Federation, Rivers state governor, Accountant General of Rivers, Rivers state Independent Electoral Commission, Hon Justice S. C. Amadi Chief judge of Rivers state, Justice Adolphus Enebeli chairman of RSIEC and Rivers state government.
READ ALSO : Fubara heads to Supreme Court on status of Rivers State Assembly
Credible News recalls that the Court of Appeal rejected an appeal from Governor Fubara, who sought to oust 27 members of the State House of Assembly following their defection from the People’s Democratic Party to the All Progressives Congress.
In a ruling delivered on October 10, in Abuja, the court stated that Fubara had no grounds for the appeal, having previously withdrawn his opposition to the case brought by the pro-Wike lawmakers in the Federal High Court.
Justice Joseph Oyewole, who authored the lead judgment, ruled that since the governor withdrew from the initial case, he could not claim to be aggrieved by the federal court’s judgment. As a result, the Court of Appeal prohibited Fubara from interfering in the affairs of the House of Assembly, led by Rt Hon.
Furthermore, the court barred Fubara from withholding funds allocated to the House and from removing the Clerk and Deputy Clerk. It also mandated that he re-present the state budget to the House under the recognized Speaker, in accordance with Justice James Omotosho ’s Federal High Court ruling.
Justice Oyewole emphasized that Fubara’s decision to withdraw from the federal court case was a significant misstep that could not be rectified through any legal argument. The court deemed the governor’s appeal to be without merit, stating it offered no benefit, as he had forfeited his legal standing by voluntarily withdrawing from the lawsuit.
The judge noted that Fubara’s actions reflected a contradictory stance, remarking that such conduct is inconsistent with legal principles, which require parties to maintain a coherent approach in court proceedings.
The court ultimately annulled the passage of the 2024 budget, which was approved by just four out of 32 members, citing the illegality of such a process in a democratic setting. The ruling further condemned Fubara for what it described as executive recklessness in presenting a budget to only a fraction of the assembly and signing it into law within 24 hours.
Fubara had initially presented the “Budget of Renewed Hope, Consolidation, and Continuity” to only five lawmakers out of over 30 in December 2023. Justice James Omotosho ruled that the process violated a prior interim order issued by the court on November 30, 2023.
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