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| Governor Siminalayi Fubara of Rivers State |
The Court of Appeal in Abuja has annulled previous orders that prevented the Central Bank of Nigeria and the Accountant General of the Federation from disbursing funds to Rivers State.
A three-member panel, led by Justice Hamman Barka, determined that the Federal High Court lacked jurisdiction over the matter, which pertained to state revenue.
The appellate court declared the orders by Justice Joyce Abdulmalik unconstitutional, emphasizing that the lower court exceeded its authority by restricting Rivers State from accessing its consolidated revenue funds.
While allowing the appeal of the Rivers State government, the appellate court also set aside all the orders made by Justice Joyce Abdulmalik, stating that it was unconstitutional for her to make orders restricting Rivers State government to receive funds due to the state from its consolidated revenue fund.
The appellate court held that the lower court overreached itself and didn’t have the jurisdiction to entertain the matter.
In October, Justice Abdulmalik of the Abuja Federal High Court 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.
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