By Kolawole Ojebisi
The Rivers State Government has appealed the Federal High Court, Abuja’s judgment which restrained the Central Bank of Nigeria from further releasing allocations from the federation account to the state.
This was revealed to journalists during the celebration of one of the failed attempts to remove governor Siminalayi Fubara from office by the Martin Amaewhule-led state House of Assembly loyal to the FCT minister, Nyesom Wike.
Speaking to journalists during the celebration, the state’s Commissioner for Information and Communications, Joseph Johnson disclosed that the judgement had been appealed and explained why the State government filed an appeal seeking to overturn the judgment.
Johnson, who expressed optimism that the order would be overturned, stressed that Nigeria is a democracy.
He said that his principal was unperturbed about the development adding that the pointers to the anticipated judgment were glaring.
“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(sic) the judgment. We are not panicked and there is no cause for alarm.” The commissioner told journalists.
The New Diplomat had reported that 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 Constitution of the federal Republic of Nigeria.
She described Fubara’s receipt and disbursement of monthly allocations since January as nothing short of a Constitutional aberration that must not be allowed to continue.
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 also held that the action of the four-member House of Assembly loyal to Fubara, which the later 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 by the Constitution before funds 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 a 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 a 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’ argument was predicated on grounds that Governor Fubara had yet to comply with a court order directing him to re-present the 2024 Appropriation Bill to the Amaewhule-led faction of the Rivers State House of Assembly.
Recall that 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.
