Reactions have trailed the Federal High Court in Abuja judgement that has stopped the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations to the Rivers state government.
Governor Siminalayi Fubara dismissed the judgement, saying it was “the least” of his problems.
The state’s Commissioner for Information and Communications, Joseph Johnson, said that the judgement had been appealed, expressing optimism that the Appeal Court would upturn the judgement.
FUBARA SPEAKS
Fubara spoke during a special thanksgiving service he organised to celebrate his administration’s resilience amidst the political crisis in the state, and it held at the Main Bowl of the Alfred Diete-Spiff Civic Centre along Moscow Road in Port Harcourt Old Township on Wednesday.
It was a gathering of thousands of residents and indigenes in the state.
He assured that despite the court order, he would continue payments to contractors and ensure workers’ salaries were disbursed from Thursday.
Fubara said that allocations for the 23 council chairmen would be credited, disclosing that the Joint Accounts Allocation Committee (JAAC) procedures had been completed.
hAmong others things, the Governor said: “By tomorrow, those of you who have not gotten your salaries, your alert will also come to you. Local Government Chairmen, they have had their JAAC, your money is coming to your accounts.
According to the Governor, although he sincerely implemented the details of the Presidential Peace Accord, including withdrawing legal suits, the other party violated the accord, and went ahead to pursue their suits and secured judgement in their favour.
RIVERS GOVERNMENT APPEALS
The Rivers State Government the same day appealed the Federal High Court, Abuja’s judgement banning the Central Bank of Nigeria from further releasing allocations from the federation account to the state.
Information Commissioner Johnson said the pointers to the anticipated judgement were glaring, adding that they were unperturbed as they had already instituted an appeal against the Federal High Court judgement.
Johnson 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 jurisdiction of the federal high court.
“The judgement has already been appealed and l believe that the Court of Appeal will upturn the judgement. We are not panicked and there is no cause for alarm.”
THE JUDGEMENT
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, which he 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 judgement 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 in the Constitution before money 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.”
She reaffirmed that the Amaewhule-led house of assembly remains the legitimate House of assembly in view of the Federal high Court judgement which nullified and set aside the House of Assembly of Victor Oko Jumbo led four-member House of Assembly and upholding of same by the Court of Appeal in Abuja.
The court held that the receipt and disbursement of monthly allocations since January this year by Governor Siminalayi Fubara is a constitutional somersault and aberration that must not be allowed to continue.
Justice Joyce Abdulmalik, who issued the order on Wednesday, held that the presentation of the 2024 budget by Fubara before a four-member Rivers House of Assembly was an affront to the Constitution.
Specifically, the Judge said that Fubara’s action in implementing unlawful budget smacked of gross violations of the 1999 Constitution he swore to protect.
The court restrained the CBN, 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.
These institutions are now prohibited from granting Fubara access to funds from the Consolidated Revenue and Federation Accounts.
Justice Abdulmalik’s judgement follows the 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 argued that Governor Fubara had yet to comply with the court order that directed him to re-present the 2024 Appropriation Bill to the Amaewhule-led faction of the Rivers State House of Assembly.
ATIKU BLAMES TINUBU
Ex-Vice President Atiku Abubakar said Nigerian courts were playing an ignoble role in fostering political crises across the country, adding that President Tinubu should prioritise the country’s interest ahead of political ambition.
Atiku’s concerns were raised in a press statement issued by his Media Adviser Paul Ibe.
It said: “We call on the Nigerian judiciary to restore its image before it gets too late,” Atiku stated.
“Nigeria should not descend to the Hobbesian state of nature where life is short, nasty and brutish, where citizens opt for self-help. Rivers State accounts for almost 25% of Nigeria’s oil assets. For a country facing an economic crisis worsened by vandalism and banditry, Tinubu should put his 2027 ambition aside and put Nigeria’s interest first.
“Last week, the Court of Appeal declared that the Rivers State budget was illegal because it was passed by an inchoate assembly. The court ordered Governor Siminalayi Fubara to present the budget afresh.
“The Rivers State Government has already filed a notice of appeal so that the Supreme Court can hear the matter. However, some elements in the Bola Tinubu administration have procured a judgement intended to undermine the Supreme Court.
“Even before the judgement was delivered, legal luminary Femi Falana (SAN) had alerted the Chief Justice of the Federal High Court, Justice John Tsoho, of possible compromise after house gifts had been presented to judges in Abuja. Sadly, Falana’s warning was ignored.”
Atiku urged the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, to ensure that those who found at fault be disciplined to help restore the judiciary’s diminishing reputation.
The statement added “The former Vice President said Nigeria has descended into the theatre of the absurd since the Tinubu administration took office.
“Courts are playing a more ignoble role in fostering political crises within political parties and even in states. From the emirship tussle in Kano State to the Rivers imbroglio where courts are going as far as preventing elections from holding, taking Nigeria back to the dark days of June 12, 1993, when polls were annulled.
“Sadly, under the leadership of those who claim to have fought for Nigeria’s democracy, the country is descending into chaos with conflicting orders from courts of coordinate jurisdiction flying all over the place while judges are being induced in the name of empowerment and provision of houses.
“The result is that Nigerians are gradually losing confidence in an institution which prides itself as the last hope of the common man. Foreign investors will avoid any place where judgements can be bought by the highest bidder.”
