A Federal High Court sitting in Abuja has stopped the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations to the Rivers state government.
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The court held that the receipt and disbursement of monthly allocations since January this year by Governor Siminalayi Fubara is a Constitutional summersault and aberration that must not be allowed to continue.
Justice Joyce Abdulmalik who issued the order in a judgment in the suit filed by the Rivers State House of Assembly and Rt Hon Martin Chike Amaewhule as its Speaker on Wednesday, held that the presentation of the 2024 budget by Fubara before a four-member Rivers State House of Assembly was an affront to the Constitutional provision.
The Judge specifically held that, Fubara’s action in implementing unlawful budget smacked gross violations of the 1999 Constitution he swore to protect.
She consequently restrained the apex bank, 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.
Justice Abdulmalik held that the CBN was under obligation to ensure that the right thing was done before money from the Consolidated revenue and Federation Account are released to the beneficiaries.
The judge held that the action of the four-member Rivers State House of Assembly being held on to by Governor Fubara as yardstick to justify unlawful budget had since been nullified and set aside by the Federal High Court, Abuja and the Court of Appeal, Abuja Division.
Justice Abdulmalik held that the judgment of the 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.
She said, the Appropriation Bill for January to December 2024, being operated by the 5th defendant (Fubara), having not been passed by the lawful House of Assembly is illegal unlawful and subversion of the 1999 Constitution.
According to the Judge, “It is mandatory to present 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”, the Judge held and subsequently issued an order of injunction restraining the 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 authorizing the withdrawal of money from the Rivers state bank accounts domiciled at the Zenith Bank and Access Bank until the budget of the state is passed by the appropriate House of Assembly.
The Judge held that the House of Assembly under Rt Hon Martin Chike Amaewhule remains 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 four-member House of Assembly and upholding of same by the Court of Appeal in Abuja.
Earlier, several objections raised against the hearing of the suit in Abuja, legal right (locus standi) of the plaintiffs, lack of reasonable cause of action among others were dismissed by the Judge for lacking in merit.
The suit, which has the Rivers State House of Assembly and Rt Hon Martin Chike Amaewhule as plaintiffs, has the CBN, Zenith Bank, Access Bank, Accountant General of the Federation, Rivers state governor, Accountant General of Rivers, Rivers State Independent Electoral Commission, Hon Justice S. C. Amadi, Chief judge of Rivers state, Justice Adolphus Enebeli, chairman of RSIEC and Rivers state government as defendants.
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