The Rivers State Government has filed an appeal against a recent Federal High Court ruling in Abuja that barred the Central Bank of Nigeria (CBN) from distributing federal allocations to the state.
Recall that on Wednesday, Justice Joyce Abdulmalik of the Abuja Federal High Court declared that Governor Siminalayi Fubara’s presentation of the 2024 budget before a four-member Rivers House of Assembly contradicted Constitutional provisions.
She criticized Fubara’s ongoing receipt and use of monthly federal allocations since January, calling it a Constitutional violation that cannot be permitted.
Justice Abdulmalik further ruled that the implementation of an unauthorized budget by Fubara amounted to a severe breach of the 1999 Constitution.
The ruling also prohibited the CBN, the Accountant-General of the Federation, Zenith Bank, and Access Bank from granting Fubara access to funds from the Consolidated Revenue and Federation Account.
In delivering her judgment on the case marked FHC/ABJ/CS/984/2024, Justice Abdulmalik stated that the four-member House of Assembly faction supporting Fubara, which he cited to validate what she termed an “unlawful budget,” had already been invalidated by the Federal High Court and the Abuja Court of Appeal.
The court reaffirmed that the Amaewhule-led Assembly remains the lawful legislative body, as ruled by the Federal High Court and upheld by the Court of Appeal.
On Wednesday, the Government House in Port Harcourt saw heightened activity, with various groups, government officials, Peoples Democratic Party supporters, and other stakeholders gathering, resulting in significant traffic in the vicinity.
A widely circulated video captured a closed-door meeting at the Government House involving Finance Minister Wale Edun and other officials with Governor Fubara.
The state’s Commissioner for Information and Communications, Joseph Johnson, confirmed an appeal has been filed and expressed confidence that the Appeal Court would overturn the judgment.
He stated that signs indicating the likely outcome were clear, and they remain calm, having already challenged the Federal High Court’s decision.
He told The PUNCH, “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.”
Johnson added, “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.”
Johnson cautioned that if the Court of Appeal upholds the judgment, local government employees would be impacted.
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.”