From Godwin Tsa Abuja
The Abuja division of the Federal High Court has stopped the Federal Government from further releasing monthly allocations to Rivers State.
Justice Joyce Abdulmalik in her judgment yesterday specifically restrained the Central Bank of Nigeria, CBN, from allowing the state to draw funds from the consolidated revenue account.
The judgement followed a suit marked: FHC/ABJ/CS/984/24, filed by the Martins Amaewhule-led faction of the Rivers State House of Assembly.
The defendants in the suit are the Central Bank of Nigeria, CBN, Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF).
Others are Governor Siminalayi Fubara, the Accountant-General of Rivers; Rivers State Independent Electoral Commission, RSIEC; Chief Judge of Rivers, S.C. Amadi; Chairman of RSIEC, Adolphus Enebeli and the Government of Rivers State.
The plaintiffs had approached the court, praying it to withhold all federal monthly allocations meant for Rivers State.
They predicated their case on the ground that Governor Fubara had failed to comply with the court order that directed him to represent the 2024 Appropriation Bill to the Amaewhule-led faction of the Rivers State House of Assembly.
They noted that the court invalidated the 2024 budget proposal that was presented before the four-member faction of the Assembly, led by Hon. Victor Oko-Jumbo.
The Amaewhule-led members of the Rivers State Assembly added that the Court of Appeal upheld the high court decision that was in their favour.
They alleged that Governor Fubara had continued to make unauthorised withdrawals from the consolidated revenues funds of Rivers State, in breach of section 120 of the 1999 Constitution, as amended.
Before delivering the substantive judgment, Justice Abdulmalik has dismissed all the objections raised against the suit by the defendants on the ground that the issues raised are frivolous and unmeritorious.
In assuming territorial jurisdiction to adjudicate on the matter, the judge ruled that given that the 1st (CBN) and 4th (Accountant General of the Federation (AGF) defendants are federal agencies with headquarters in Abuja has clothed her court with the requisite jurisdiction to entertain the matter.
Besides, she added that the jurisdiction of the Federal High Court covers the entire country.
She equally held that the plaintiffs who are rightly aggrieved by the actions of the Rivers State Governor, Fubara by excluding them from the process of 2024 appropriation bill have the locus standi (legal rights) to institute the action.
“The plaintiffs have alleged violent approach against them by the 4th defendant and have clearly disclosed a dispute between them and the defendants and therefore have legal rights to challenge such actions,” Justice Abdulmalik held.
On the substantive matter, she held that, “since the defendants did not comply with the provisions of sections 120 (2), 121, 91 and 96 of the 1999 constitution, all the actions taken by the four members of the state House of Assembly are deemed not to have happened.
She added that, “the defendants missed the point when they failed the comply with the judgment of Justice James Omotosho of the Federal High Court delivered on January 22, which nullified the 2024 budget of Rivers State on the premise that it was not presented before members of the state assembly that were known to the law.
“This judgment was affirmed by the Court of Appeal delivered on October 10, 2024, which equally held that Governor Fubara’s decision to present the 2024 Rivers State Appropriation Bill to only four out of 31 members of the Assembly, amounted to a gross violation of section 91 of the 1999 Constitution, as amended.
“The Court of Appeal equally declared Amaewhule as the authentic Speaker of the Rivers State House of Assembly.
Justice Abdulmalik held that the judgment of Rivers State High Court which gave power to the governor to implement the 2024 budget had also been set aside by the Court of Appeal.
“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 an 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 be subjected to the rule of law. Using illegally constituted House of Assembly to disburse public fund must not be allowed.’
Justice Abdulmalik subsequently issued an order of injunction which restrained CBN, Zenith Bank, Access Bank and the Accountant General of the Federation from permitting the withdrawal or use of the funds from the Consolidated Revenue Account and the Federation Account by Rivers State Government until the budget of the state is passed by the appropriate House of Assembly.
She also issued another order of injunction which restrained Fubara, Accountant General of the state and their agents from authorising the withdrawal of money from the Rivers State bank accounts domiciled at Zenith Bank and Access Bank until the budget of the state is passed by the appropriate House of Assembly.