The Rivers State Government on Wednesday, October 30, filed an appeal against a Federal High Court ruling in Abuja that halted the Central Bank of Nigeria from disbursing further allocations to the state from the federation account.
This development followed Governor Siminalayi Fubara’s response to a recent attempt to impeach him, led by the Martin Amaewhule faction of the Rivers State House of Assembly, which is allied with FCT Minister Nyesom Wike.
Joseph Johnson, the Commissioner for Information and Communications, confirmed that the state had appealed the ruling.
He expressed confidence that the Appeal Court would overturn the decision, noting that the state government had observed clear indications that favored their case. He added that they remained composed, having already taken steps to challenge the judgment.
“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,” he said.
“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.”
On Wednesday, Justice Joyce Abdulmalik of the Abuja Federal High Court ruled that Governor Siminalayi Fubara’s presentation of the 2024 budget to a four-member Rivers State House of Assembly violated constitutional standards. She criticized Fubara’s actions in receiving and spending monthly allocations since January as a severe constitutional breach.
Justice Abdulmalik barred the Central Bank of Nigeria (CBN), the Accountant-General of the Federation, Zenith Bank, and Access Bank from further granting Fubara access to funds from the Consolidated Revenue and Federation Accounts.
In her judgment, she noted that the four-member assembly supporting Fubara had been invalidated by both the Federal High Court and the Court of Appeal in Abuja, deeming any budget approvals by them unlawful.
She also affirmed the legitimacy of the Amaewhule-led House of Assembly, underscoring that only a properly constituted legislative body could approve the state budget as required by the 1999 Constitution.
Consequently, she issued an injunction preventing Fubara and the state’s Accountant-General from authorizing withdrawals from government accounts until the budget is properly approved.
This judgment follows a suit filed by the Rivers State House of Assembly and Martins Amaewhule against multiple defendants, including the CBN, Zenith Bank, Access Bank, the Rivers State government, and Governor Fubara. The plaintiffs argued that Fubara had ignored previous orders to resubmit the 2024 Appropriation Bill to the Amaewhule-led Assembly.
On July 15, the Amaewhule-led Assembly suspended all state spending until Fubara complied with this directive, setting a seven-day deadline that has since expired.
Following the ruling, the Government House in Port Harcourt was abuzz with activity, as officials, PDP supporters, and stakeholders gathered, creating congestion on Azikiwe Road. Finance Minister Wale Edun was also seen in a closed-door meeting with Governor Fubara, fueling further speculation. Meanwhile, Rivers State Commissioner Joseph Johnson warned that if the appeal fails, local government workers could be significantly 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 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.”
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