The Rivers State Government on Wednesday appealed the Federal High Court, Abuja’s judgment which retrained the Central Bank of Nigeria from further releasing allocations from the federation account to the state.
This came as the state Governor, Siminalayi Fubara, celebrated one of the failed attempts to impeach him by the Martin Amaewhule-led state House of Assembly loyal to the FCT minister, Nyesom Wike.
The state’s Commissioner for Information and Communications, Joseph Johnson, told The PUNCH that the judgment had been appealed, expressing optimism that the Appeal Court would upturn the judgment.
He said the pointers to the anticipated judgment were glaring, adding that they were unperturbed as they had already instituted an appeal against the Federal High Court judgment.
He said, “We saw this judgment coming the way it did when the trial judge refused 23 council chairmen as joinders, refused the state to change their lawyer and refused our objection challenging jurisdiction of the federal high court.
“The judgment has already been appealed and l believe that the Court of Appeal will upturn the judgment. We are not panicked and there is no cause for alarm.”
Justice Joyce Abdulmalik of the Abuja Federal High Court in Abuja on Wednesday held that the presentation of the 2024 budget by Governor Fubara before a four-member Rivers House of Assembly was an affront to the Constitutional provision.
She described Fubara’s receipt and disbursement of monthly allocations since January as nothing short of a Constitutional aberration that must not be allowed.
Justice Abdulmalik also held that Fubara’s action in implementing an unlawful budget stood as a gross violation of the 1999 Constitution he swore to protect.
She proceeded to restrain the CBN, Accountant-General of the Federation, Zenith Bank and Access Bank from further allowing Fubara access to money from the Consolidated Revenue and Federation Account.
While delivering judgment in a suit marked FHC/ABJ/CS/984/2024, Justice Abdulmalik held that the action of the four-member House of Assembly loyal to Fubara, which he predicated his contentions on to justify what she called an “unlawful budget”, has since been nullified and set aside by the federal high court and the Court of Appeal, Abuja division.
She also declared that the judgment of Rivers High Court, which ruled in favour of Fubara to implement the 2024 budget, had also been set aside by the Court of Appeal, Abuja.
Justice Abdulmalik maintained that the apex bank was under constitutional obligation to ensure that the Rivers assembly was properly constituted as required in the Constitution before money from 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.
“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.”
In an order of injunction, she restrained Fubara, Accountant-General of the state and their agents and proxies from authorising the withdrawal of money from the state bank accounts domiciled at Zenith Bank and Access Bank until the budget of the state was passed by the appropriate House of Assembly.
She reaffirmed that the Amaewhule-led house of assembly 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 4-member House of Assembly and upholding of same by the Court of Appeal in Abuja.
Justice Abdulmalik’s judgment follows the suit instituted by the Rivers House of Assembly and Martins Amaewhule against the CBN, Zenith bank PLC, Access Bank PLC, Accountant-General of the Federation, Governor Fubara, Accountant-General of Rivers State, Rivers State Independent Electoral Commission, S. C. Amadi (Chief Judge of Rivers), Hon. Justice Adolphis Enebeli (retired), (Chairman, Rivers SIEC) and the Government of Rivers State, as 1st to 10th defendants respectively.
The plaintiffs argued that Governor Fubara had yet to comply with the court order that directed him to re-present the 2024 Appropriation Bill to the Amaewhule-led faction of the Rivers State House of Assembly.
The Amaewhule-led Rivers assembly had on July 15 suspended all expenditures of Governor Fubara until he re-presented his budget before the House.
The lawmakers gave the governor a seven-day ultimatum to re-present the budget, which they said had expired.
On Wednesday, the Government House, located along Azikiwe Road in Port Harcourt, was a beehive of activities as various groups, officials of government, Peoples Democratic Party faithful and other stakeholders besieged the seat of power in the state, causing gridlock on the road leading to the entrance.
A viral video showed the Minister of Finance Wale Edun and some officials held a closed door meeting with Fubara at the Government House.
Meanwhile, Johnson warned that if the judgment was upheld by the Appeal Court, it would adversely affect local government workers.
He said, “If it is anything to reckon with it will impact negatively on the civil servants at the third tier of government, it will affect teachers’ salaries and all that that are attached to the council salaries.
“So, I can imagine how anybody would advocate for the stopping of funds that will bring development to the local government councils and also pay those who work in the council.
“It’s a legal problem and you cannot take it out of the court, particularly when you are a defendant. That is not how the law operates. This matter is one that the court will give justice to. So, let us stop all these shenanigans because it is not going to take us anywhere. It is the state that will suffer and in this case the local government staff.”
