The Appeal Court in Abuja has set aside all orders barring
the Central Bank of Nigeria, CBN, and the Accountant General of the Federation
from releasing funds to the Rivers State Government.
The three-member panel, presided by Justice Hamman Barka,
ruled that the subject matter was not within the jurisdiction of the court
relating to the revenue of the state.
The appellate court, while allowing the appeal of the Rivers
State Government, 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 court ruled that the lower court overreached itself and
didn’t have the jurisdiction to entertain the matter.
Recall that 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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