December 14, (THEWILL) – The Special Panel of the Court of Appeal, Abuja, has set-aside the judgement that barred the Central Bank of Nigeria (CBN), from releasing monthly allocations to Rivers State.
A three-member panel of the appellate court, led by Justice Hamma Barka, held on Friday, that the Federal High Court, lacked jurisdiction over the matter, affirming that issues related to state revenue should not be handled by federal courts.
The Court upheld the argument presented by Rivers State’s legal counsel, Chief Chris Uche SAN, that the federal court had no authority to entertain disputes about the state’s revenue.
Justice Joyce Abdulmalik of the Federal High Court, Abuja, had in a ruling on October 30, declared the presentation of the 2024 budget by Governor Fubara before a four-member Rivers House of Assembly as an affront to the constitutional provision had on 30th of October, has stopped the Central Bank of Nigeria (CBN), from further releasing monthly financial allocations to the Rivers State Government.
The court had declared that the receipt and disbursement of monthly allocations since January 2024, by Governor Fubara, was a breach of the Constitution and an aberration. It restrained the CBN, the Accountant General of the Federation, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated revenue account.
The judgement followed a suit marked: FHC/ABJ/CS/984/24, brought before the court by the Martins Amaewhule-led faction of the Rivers State House of Assembly, who approached the court, praying it to withhold all federal monthly allocations meant for Rivers state.
Dissatisfied with the ruling, Governor Fubara had in an appeal marked CA/ABJ/CV/1303/2024, challenged the order of Justice Abdulmalik.
Aside Fubara, other appellants in the matter include the Rivers State Government, the Accountant-General of Rivers State and Zenith Bank Plc.
Defendants in the matter were the Central Bank of Nigeria, CBN, Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF). Others are Fubara, the Accountant-General of Rivers; Rivers Independent Electoral Commission, RSIEC; Chief Judge of Rivers, Hon. Justice S.C. Amadi; Chairman of RSIEC, retired Justice Adolphus Enebeli and the Government of Rivers.
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