The Court of Appeal in Abuja has overruled the earlier judgement from a Federal High Court which prevented the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from disbursing funds to the Rivers State Government.
The three-member panel, led by Justice Hamman Barka, ruled that the issue of state revenue does not fall within the jurisdiction of the lower court.
The court then judged in favour of Rivers State Government and nullified the earlier orders issued by Justice Joyce Abdulmalik.
The appellate court deemed those orders unconstitutional, stating they improperly restricted the Rivers State Government from accessing funds from its consolidated revenue.
The court further criticized the Federal High Court’s decision, concluding that it had exceeded its authority and lacked the jurisdiction to handle the matter.
Background
Justice Abdulmalik of the Federal High Court in Abuja in October had ruled that Rivers State Governor Siminalayi Fubara’s receipt and disbursement of monthly allocations since January violated constitutional provisions.
The judge also described Fubara’s presentation of the 2024 budget before a four-member Rivers State House of Assembly as unconstitutional and an affront to the 1999 Constitution.
Following this, Justice Abdulmalik issued an order barring the CBN, the Accountant General of the Federation, Zenith Bank, and Access Bank from granting Fubara access to funds from the Consolidated Revenue and Federation Account.
These orders have now been overturned by the appellate court, as Rivers State is to now continue receiving its allocation from the federal account.
