*As court stops FG from releasing monthly allocations to Rivers State
*Restrains CBN from allowing the state draw funds from Consolidated Revenue Accounts
*Hon. Amaewhule-led faction of Rivers Assembly had approached court to stop such allocations
By Kenneth Atavti
The Federal High Court sitting in Abuja, on Wednesday, barred the Federal Government from releasing further monthly allocations to Rivers State.
The court, in the judgement that was delivered by Justice Joyce Abdulmalik, specifically restrained the Central Bank of Nigeria, CBN, from allowing the state to draw funds from the consolidated revenue account.
The judgement followed a suit marked: FHC/ABJ/CS/984/24, which was brought before the court by the Hon. Martins Amaewhule-led faction of the Rivers State House of Assembly.
Cited as defendants in the matter included the Central Bank of Nigeria, CBN, Zenith Bank Plc Access Bank Plc and the Accountant-General of the Federation (AGF).
Others are Governor Siminalayi Fubara, the Accountant-General of Rivers; Rivers Independent Electoral Commission, RSIEC; Chief Judge of Rivers, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.) and the Government of Rivers State.
The plaintiffs had approached the court, praying it to withhold all federal monthly allocations meant for Rivers state.
They predicated their case on the ground that Governor Fubara had yet to comply with the court order that directed him to represent the 2024 Appropriation Bill to the Amaewhule-led faction of the Rivers State House of Assembly.
According to the plaintiffs, the high court had in a judgement that was delivered by Justice James Omotosho, recognised Hon. Amaewhule as the authentic Speaker of the Rivers State House of Assembly.
They noted that the court invalidated the 2024 budget proposal that was presented before the four-member faction of the Assembly, led by Hon. Victor Oko-Jumbo.
The Hon. Amaewhule-led members of the Rivers State Assembly added that the Court of Appeal upheld the high court decision that was in their favour.
They alleged that Governor Fubara had continued to make unauthorized withdrawals from the consolidated revenues funds of Rivers state, in breach of section 120 of the 1999 Constitution, as amended.
The court held that the receipt and disbursement of monthly allocations since January this year by governor Siminalayi Fubara is a Constitutional sommersault and aberration that must not be allowed to continue.
Justice Joyce Abdulmalik who 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.
Specifically, the Judge said that Fubara’s action in implementing an unlawful budget smacked of gross violations of the 1999 Constitution he swore to protect.
The judge therefore 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.
It would be recalled that last Friday, the court had reserved judgement in a suit seeking to stop the release of federal monthly allocations to Rivers State government.
Justice Joyce Abdulmalik, who said that the date for her judgment would be communicated to parties, took the decision after all parties had argued for and against the originating summons filed by a factional Rivers State House of Assembly, led by Hon Martin Amaewhule.
