Justice Joyce Abdulmalik of the Federal High Court in Abuja has restrained the Central Bank of Nigeria (CBN) from releasing the monthly federal financial allocations due to Rivers State.
The court held that the presentation of the 2024 budget by Fubara before a 4-member Rivers House of Assembly was an affront to the Constitutional provision.
The court further held that Governor Siminalayi Fubara’s action in implementing an unlawful budget, which had not been passed by the appropriate House of Assembly, smacked of gross violations of the 1999 Constitution he swore to protect.
Therefore, she restrained CBN, 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 an obligation to ensure that the right thing was done before money from the Consolidated Revenue and Federation Account was released to the beneficiaries.
The judge said that the action of the 4-member House of Assembly being held on to by Governor Fubara as a yardstick to justify unlawful budget had since been nullified and set aside by the federal high court and the Court of Appeal both in Abuja.
Justice Abdulmalik held that the judgment of 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.
Justice Abdulmalik held, “The 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 and subverts 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 an 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 a budget that was not approved by the Legislative Arm.
“Every individual must be subject to the rule of law. using an illegally constituted House of Assembly to disburse public funds must not be allowed.’
Justice Abdulmalik subsequently issued an order of injunction that restrained 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 appropriate House of Assembly passes the budget of the state.
She also issued another order of injunction that restrained Fubara, the state Accountant General, and their agents from authorising the withdrawal of money from the Rivers State bank accounts domiciled at Zenith Bank and Access Bank until the state budget is passed by the appropriate House of Assembly.
The Judge held that the House of Assembly under 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 4-member House of Assembly and upheld the same by the Court of Appeal in Abuja.
Earlier, the judge dismissed several objections raised against the hearing of the suit in Abuja, the locus standi of the plaintiffs, and the lack of reasonable cause of action, among others, as unmeritorious.
The two plaintiffs in the suit are Rivers State House of Assembly and Rt Hon Martin Chike Amaewhule.
However, the ten defendants are CBN, Zenith Bank, Access Bank, the Accountant General of the Federation, the Rivers State governor, the accountant general of Rivers, the Rivers State Independent Electoral Commission, Hon Justice S. C. Amadi, the Chief judge of Rivers state, Justice Adolphus Enebeli, the chairman of RSIEC, and the Rivers State government.
