The Governor Siminalayi Fubara-led Rivers State Government filed an appeal on Wednesday against the Federal High Court of Abuja’s decision to restrain the Central Bank of Nigeria from further distributing allocations from the federation account to the state.
This happened as Fubara celebrated one of the state House of Assembly’s failed attempts to impeach him, led by Martin Amaewhule and loyal to the FCT minister, Nyesom Wike.
The state’s Commissioner for Information and Communications, Joseph Johnson, told reporters that the decision had been appealed and expressed confidence that the Appeal Court would overturn it.
He said the hints to the upcoming judgement were obvious, but they were unconcerned because they had already filed an appeal against the Federal High Court decision.
He said, “We saw this judgement 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 the jurisdiction of the federal high court.
“The judgement has already been appealed, and I believe that the Court of Appeal will upturn the udgment. We are not panicked, and there is no cause for alarm.”
Justice Joyce Abdulmalik of the Abuja Federal High Court in Abuja ruled on Wednesday that Fubara’s presentation of the 2024 budget to a four-member Rivers House of Assembly violated the Constitution.
She called Fubara’s receipt and disbursement of monthly appropriations since January as little short of a constitutional anomaly that must be avoided.
Justice Abdulmalik further ruled that Fubara’s actions in adopting an illegal budget were a clear breach of the 1999 Constitution, which he pledged to uphold.
She then ordered the CBN, Accountant-General of the Federation, Zenith Bank, and Access Bank to stop enabling Fubara to withdraw funds from the Consolidated Revenue and Federation Accounts.
While delivering judgement 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, on which he based his contentions to justify what she called an “unlawful budget,” has since been null and void by the federal high court and the Court of Appeal, Abuja division.
She further stated that the Rivers High Court’s decision in favour of Fubara to execute the 2024 budget had been overturned by the Court of Appeal in Abuja.
Justice Abdulmalik held that the apex bank was under constitutional obligation to verify that the Rivers assembly was properly formed as required by the Constitution before money from the consolidated revenue and Federation Account were released to the beneficiaries.
She said, “The 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 a 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 a budget that was not approved by the Legislative Arm.
“Every individual must be subject to the rule of law. Using an illegally constituted House of Assembly to disburse public funds must not be allowed.”
On Wednesday, the Government House, located along Azikiwe Road in Port Harcourt, was a hive of activity as various groups, government officials, Peoples Democratic Party supporters, and other stakeholders besieged the state’s seat of power, causing traffic to stop at the entrance.
A viral video shows Minister of Finance Wale Edun and other officials holding a closed-door meeting with Fubara at Government House.
Meanwhile, Johnson warned that if the decision was maintained by the Appeal Court, it would harm local government employees.
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 is 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.”
