The Appeal Court in Abuja has nullified all orders barring the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to the Rivers State Government.
A three-member panel, presided over by Justice Hamman Barka, ruled that the subject matter was beyond the jurisdiction of the Federal High Court, particularly as it pertained to the revenue of Rivers State.
The appellate court, in its decision, upheld the appeal of the Rivers State Government and invalidated all the orders previously issued by Justice Joyce Abdulmalik. It declared that the lower court acted unconstitutionally by restricting the Rivers State Government from accessing funds due to the state from its Consolidated Revenue Fund.
The court further stated that the Federal High Court had overreached its authority and lacked the jurisdiction to preside over the case.
In October 2024, Justice Abdulmalik of the Abuja Federal High Court ruled that the receipt and disbursement of monthly allocations by Governor Siminalayi Fubara since January 2024 breached constitutional provisions.
The ruling arose from claims that the 2024 budget presentation by Governor Fubara before a four-member Rivers State House of Assembly violated the 1999 Constitution. Justice Abdulmalik described the governor’s actions as an “aberration” and a “gross violation” of constitutional principles.
As a result, the judge issued an injunction restraining the CBN, the Accountant General of the Federation, and financial institutions including Zenith Bank and Access Bank from granting the Rivers State Government access to funds from the Consolidated Revenue and Federation Account.
