The Rivers State Government has challenged a recent ruling by the Federal High Court in Abuja, which restricted the Central Bank of Nigeria (CBN) from disbursing federal allocations to the state.

 

On Wednesday, Justice Joyce Abdulmalik of the Abuja Federal High Court ruled that Governor Siminalayi Fubara’s presentation of the 2024 budget before a four-member faction of the Rivers House of Assembly was unconstitutional. She criticized Fubara’s continued receipt and usage of monthly federal allocations since January, citing it as a breach of the Constitution that couldn’t be overlooked.

 

Justice Abdulmalik further ruled that implementing an unapproved budget violated the 1999 Constitution in a significant way.

 

The ruling also forbids the CBN, the Accountant-General of the Federation, and two commercial banks, Zenith Bank and Access Bank, from allowing Fubara access to the Consolidated Revenue and Federation Accounts.

 

In her judgment on case FHC/ABJ/CS/984/2024, Justice Abdulmalik emphasized that the four-member Assembly faction backing Fubara, which he cited to legitimize what she described as an “unlawful budget,” had been invalidated by both the Federal High Court and the Abuja Court of Appeal. The court reaffirmed that the Amaewhule-led Assembly remains the legitimate legislative body as determined by prior court rulings.

 

On Wednesday, activity heightened at Government House in Port Harcourt, with officials, Peoples Democratic Party members, and other stakeholders gathering, causing notable traffic around the area.

 

A widely shared video showed a closed-door meeting involving Finance Minister Wale Edun and other officials with Governor Fubara at Government House.

 

The state’s Commissioner for Information and Communications, Joseph Johnson, confirmed the appeal and expressed optimism that the Court of Appeal would overturn the ruling.

 

He noted that several indicators suggested the likely outcome, saying they remain calm, having already appealed the Federal High Court’s ruling.

 

Johnson told The PUNCH, “We anticipated this judgment when the trial judge denied the 23 council chairmen as joinders, refused the state’s request to change their lawyer, and dismissed our challenge to the federal high court’s jurisdiction.”

 

Johnson continued, “We have appealed the judgment and believe that the Court of Appeal will reverse it. There’s no panic; we have no reason to be alarmed.”

 

Johnson cautioned that if the Court of Appeal upholds the ruling, local government employees would feel the impact.

 

He said, “If this stands, it will negatively affect third-tier civil servants, impacting teachers’ pay and other council-linked salaries.”

 

He added, “It’s difficult to see why anyone would support halting funds that drive local government development and pay council employees.”

 

“This is a legal matter that belongs in the court, especially for defendants. Let’s stop these theatrics; it won’t lead anywhere. It’s the state that stands to lose, and especially the local government employees.”