By Jane Okafor, Abuja
ABUJA: A Federal High Court sitting in Abuja has restrained the Central Bank of Nigeria from further paying monthly financial allocations to Rivers State Government.
The presiding judge, Justice Joyce Abdulmalik, on Wednesday morning, October 30, held that that the preparation and presentation of the 2024 budget by Governor Siminalayi Fubara before a four-member Rivers House of Assembly was not in order as it failed to satisfy the constitutional provision.
The court reckoned the receipt and payment of monthly allocations since January 2024 by Fubara as a constitutional somersault and aberration that must not be allowed to stand in perpetuity.
Justice Abdulmalik also held that Fubara’s action in implementing an unlawful budget smacked gross violations of the 1999 Constitution he swore to protect.
The judge therefore barred the CBN from further allowing Fubara to gain access to the money from the Consolidated Revenue and Federation Account.
Also restrained alongside the CBN from further releasing monthly allocations to the Rivers State Government are the Accountant General of the Federation, Zenith Bank and Access Bank.
In delivering judgment in the suit marked FHC/ABJ/CS/984/2024, Justice Abdulmalik held that the action of the four-member House of Assembly supportive of Fubara, which gave birth to 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, favouring Fubara to implement the 2024 budget, had also been set aside by the Court of Appeal, Abuja.
Justice Abdulmalik held 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.”
Consequently, she gave order restraining 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.
The judgement reaffirmed the Amaewhule-led house of assembly ss the legitimate House of assembly in view of the 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.
