By Abiola Olawale
Governor Siminalayi Fubara of Rivers State has recorded a victory in the ongoing political turmoil bedevilling the state.
This is as an appellate court sitting in Abuja struck out an order barring the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing FAAC funds to the Rivers State Government.
The Appeal Court presided over by a three-member panel led by Justice Hamman Barka, held that the subject matter was not within the jurisdiction of the court relating to the revenue of the state.
Justice Barka, in his lead judgment also ruled that Justice Joyce Abdulmalik of the Federal High Court in Abuja erred in law by granting orders restricting Rivers State government from receiving funds due to the state from its consolidated revenue fund.
The appellate court held that the lower court overreached itself and didn’t have the jurisdiction to entertain the matter.
It would be recalled that Justice Abdulmalik in October had ruled that the receipt and disbursement of monthly allocations since January 2024 by 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.
The judge granted the order while ruling on an originating summons filed by the factional Rivers State Assembly, led by Martin Amaewhule.
The Amaewhule led factional Assembly members had filed a case against Fubara for his alleged failure to comply with the order of an initial court ruling from a Federal High Court directing him to re-present the 2024 appropriation bill to the Amaewhule-led faction of the Rivers State House of Assembly.
Fubara and Wike have been locked in a titanic battle for control of the political structure of Rivers state as well as its economic fortunes.
The raging feud between the duo has triggered political turmoil in Rivers state, culminating in conflicting and multiple court orders and polarization of the Rivers House of Assembly into two factions; Pro-Fubara and Pro-Wike.
In December 2023, Fubara and Wike signed an eight-point peace deal purportedly to address the raging feud.
The peace deal was signed at the presidential villa in Abuja after a meeting with President Bola Ahmed Tinubu. However, since that development, the crisis in Rivers State has continued unabated with worsening dimensions.
