The Federal High Court in Abuja yesterday restrained the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from further releasing funds to the Rivers State Government pending when a lawful appropriation act is passed by a validly constituted House of Assembly.
The court barred banks from allowing the Rivers government and Governor Siminalayi Fubara to withdraw from the state’s accounts.
Justice Joyce Abdulmalik issued the orders in a judgment on a suit filed by the Rivers State House of Assembly and Martins Amaewhule (as Speaker).
The plaintiffs alleged unauthorised withdrawal of funds from the Rivers State Consolidated Revenue Funds Account by Fubara.
But Fubara said he was not bothered by the judgment, and that governance would continue.
He said efforts by detractors to frustrate his administration would continue to fail.
CBN, the banks, the Accountant General of the Federation, the governor, the Accountant General of Rivers State, Justice S. C. Amadi (Chief Judge of Rivers State), Justice Adolphus Enebeli (retired) who is the Chairman of the Rivers State Independent Electoral Commission and the Rivers State Government are the defendants in the suit FHC/ABJ/CS/984/2024.
Justice Abdulmalik noted that the legality of the budget passed by four members, which Fubara assented to, was invalidated in a January 22 judgment by Justice James Omotosho of the Federal High Court in Abuja.
She also noted that in the same judgment, which was affirmed by the Court of Appeal on October 10, Justice Omotosho found that Amaewhule was the authentic Speaker.
Justice Abdulmalik held Fubara’s decision to present the 2024 Appropriation Bill before only four lawmakers grossly violated sections 91 and 96 of the 1999 Constitution.
Justice Abdulmalik said: “Where there is a dereliction of constitutional order as in this instant case, this court will surely not shy away from its sacred constitutional responsibility to do what it considered just in the circumstances.”
Justice Abdulmalik granted all the reliefs sought by the plaintiffs, including:
• A declaration that the first defendant (Central Bank of Nigeria) is not entitled to release any amount, money, fund or revenue standing to the credit of Rivers State in the Consolidated Revenue Fund of Rivers State domiciled at the Central Bank of Nigeria, including all allocations and revenue receipts including from the Federation Account Allocation Committee (FAAC) due to Rivers State from the Federation Account or from any other source to the second defendant or any other bank, being the commercial bankers of Rivers State Government or any other person until the fund has been duly charged with the relevant expenditures by an Appropriation Law duly made by the House of Assembly of Rivers State.
• A declaration that the first, second and third defendants (CBN and the banks) by themselves or by their servants or agents are not entitled to release or permit the withdrawal of any amount, money, fund or revenue standing to the credit of Rivers State, Rivers State Government, Rivers State Government institutions or agencies (funded through appropriations in the Appropriation Law made by the House of Assembly of Rivers State) including Rivers State Independent Electoral Commission (the seventh defendant) for any purpose whatsoever until an Appropriation Law has been duly Made by the House of Assembly of Rivers State.
Judgment least of my problems, says Fubara.
A defiant Fubara dismissed the judgment, describing it as “the least” of his problems.
Fubara spoke during a special thanksgiving service he organised to celebrate his administration’s resilience amidst rising political crises in the state.
He said despite the order, contractors and workers would be paid, and councils would get their allocations.
Fubara said those who ruthlessly attempted to end his administration undemocratically boasted they would boot him out of office within one week but failed woefully.
The governor said his administration was forging on strongly.
At the event, which was held at the Main Bowl of Alfred Diette-Spiff Civic Centre along Moscow Road in Port Harcourt Old Township, were thousands of residents, the clergy and gospel singers.
Fubara said: “If you were not with us, if you had not stood with us, we wouldn’t be here at this hour.
“A lot of you might not understand what happened on the 30th of October, 2023. It was an assassination to the people of Rivers State, indirectly and an assassination of me directly.
“Since they can’t kill every one of you, they need to kill one person so that everybody will be declared dead.
“But somehow, somewhere, by the special grace of God, they failed. And the God that we are thanking today, what they meant for evil, God turned it to good.”
Fubara slammed his detractors, saying despite their antics, his administration had demonstrated transparency and accountability.
He said such public financial diligence attracted commendations from BudgIT, a civic-tech organisation, that assessed Rivers as maintaining the number one spot in the 2024 Fiscal Performance Ranking among the 36 states of the Federation.
He said: “I can tell you, they said we are not going to last for one week, we are here. We have done one year plus. We are also doing the first anniversary of their attack.
“They said those buccaneers will not leave as local government chairmen. Today, we have the 23 local government chairmen sitting here with us.
“They said their commissioners should resign so that we will be crippled. Today, we have more than 23 commissioners.”
“We have shown prudence that we are not here to steal your money; that we are here to be accountable.
“And yesterday (Tuesday), we saw it, it was declared by BudgIT that Rivers has shown transparency and accountability and has ranked us first.”
Fubara urged all Rivers people to brace up and be strong as the challenges would be surmounted.
He said: “So, you don’t need to bother about the stories on social media. That one is the least of your trouble. By tomorrow (today), I am still going to pay my contractors.
“By tomorrow (today), those of you who have not gotten your salaries, your alert will also come to you.
“Local Government Chairmen, they have had their JAAC, your money is coming to your accounts.
“Who is the loser? We are not doing luncheon here to celebrate loss or failure. We are praising God because He is taking us to a higher position.”
Fubara explained that he sincerely implemented the details of the Presidential Peace Accord, including withdrawing suits, while the other party violated the accord by not withdrawing theirs.
He said: “If there is any advantage that was taken over us, it is because of our genuine interest in peace.
“We went to Abuja and Mr President, knowing the importance of peace in Rivers, brought out some conditions.
“First, we did everything that has to be done with those conditions. We went to court immediately and withdrew our matters, but they did not.
“And you call yourself honourable when you cannot even obey simple instructions, and you blame it on Fubara.
“How is Fubara the problem? Fubara is not the problem! It was because we withdrew our matter, even the matter you filed, and we said we didn’t want to continue: you took advantage of it and went and got judgment. Is it not fraud?”
Fubara said such dishonourable persons should not come to the public to demand that people listen to them.
He insisted that he acted honourably, believing that the agreement would be binding.