Fubara Vs Wike: Abuja Court Bars CBN From Releasing Allocation To Rivers Govt
An Abuja Federal High Court has stopped the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations to the Rivers State Government.
The presiding judge, Justice Joyce Abdulmalik held that the receipt and disbursement of monthly allocations since January this year by the Rivers State Governor, Siminalayi Fubara, was a breach of the Constitution and an aberration that must not be allowed to continue.
The judge held that the presentation of the 2024 budget by Fubara before a four-member Rivers House of Assembly was an affront to the constitutional provision.
Delivering judgment in suit FHC/ABJ/CS/984/2024, Justice Abdulmalik declared that decisions made by the four-member Fubara-backed assembly were void, referencing prior rulings by the Federal High Court and Court of Appeal that had annulled its authority.
Justice Abdulmalik specifically said that the governor’s action was a gross violation of the 1999 Constitution.
The judge subsequently restrained the Central Bank of Nigeria, 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.
Earlier in October, the Court of Appeal in Abuja affirmed the judgment of the Federal High Court which set aside the N800 billion budget passed by five members of the Rivers State House of Assembly which was led by Edison Ehie-led.
The appellate court dismissed the appeal filed by Fubara on grounds that it lacked merit.
The court held that Fubara withdrew his counter-affidavit at the lower court in the matter and as such cannot commence an appeal in a matter he did not challenge at the trial stage.
In the unanimous judgement, the court said that Governor Fubara is expected to apply the rule of law and not the rule of might.
The court further says that the situation in Rivers State House of Assembly is an executive dictatorship by the governor and a joke taken too far.
Justice Abdulmalik denied a request to stay the proceedings, dismissing the application as “frivolous and vexatious.” She also refused to recuse herself from the case, rejecting the defence’s allegations of bias.
Recall that Justice Omotosho had nullified the 2024 Rivers budget passed by pro-Fubara lawmakers and set aside the presentation and passage of the Rivers State 2024 budget.
In the judgment delivered Omotoso ordered the governor to re-present the budget to the legally constituted House of Assembly under Martin Amaewhule.
Fubara had presented the budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’ of N800 billion to five out of the over 30 lawmakers of the state house of assembly in December 2023.
In the judgment, Justice Omotoso ordered Fubara to release all funds accruable to the Rivers House of Assembly and barred the governor from interfering with the activities of the assembly.
The unfolding unpleasant scenario in Rivers State politics is not unconnected to the fight between the former Rivers state governor who is now Federal Capital Territory Minister, Nyesom Wike and his successor, Governor Siminalayi Fubara over the control of the state political power.
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