Tag: Rivers’ allocations

The Appeal Court in Abuja has set aside all orders made by a Federal High Court in Abuja restraining the Central Bank of Nigeria and the Accountant General of the Federation (AG-F) from further releasing financial allocations to the Rivers state government pending when a lawful appropriation act is passed by a validly constituted State House of Assembly.

In a judgment on Friday, a three- member panel, led by Justice Hamman Barka, held that the subject matter of the case was not within the jurisdiction of the Federal High Court because it related to the revenue of a state.

The Court of Appeal held that the appeal, filed by the Rivers State Government against the October 30 judgment by Justice Joyce Abdulmalik of the Federal High Court, Abuja, was meritorious.

Th appellate court allowed the  appeal and set aside all the orders made by the Federal High Court, adding stating that it was unconstitutional for the lower court to make orders restraining the Rivers State Government from receiving funds due to it from the Consolidated Revenue Fund.

The appellate court held that the lower court overreached itself in assuming jurisdiction over the case.

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Justice Abdulmalik had, in the October 30 judgment,  also restrained are Access Bank and Zenith Bank from allowing the Rivers State Government and the governor to make withdrawal from the state’s funds being held in the banks.

She held that the decision by Governor Siminalayi Fubara to present the Rivers State’s 2024 Appropriation Bill to a four-member Assembly, that was not properly constituted, should not be allowed to stand.

The judge noted that the issue about the legality of the budget purportedly passed by four members of the Rivers State House of Assembly, which Fubara claimed he had assented to, was declared invalid 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 in a judgment on October 10, Justice Omotosho found that Amaewhule is the authentic Speaker of the Rivers State House of Assembly.

Justice Abdulmalik held the decision by Fubara to present the 2024 Appropriation Bill of Rivers State before only four members of the state’s Assembly amounted to a gross violation of Section 91 of the Constitution.

The judge added that the decision of the four members of the House Assembly, purporting to have passed the Rivers State’s Appropriation Bill 2024, which Fubara said has been assented to cannot and must not be allowed to stand, having been passed in clear violation of sections 91 and 96 of the Constitution as it has been set aside by an order of the court which was recently affirmed by the Court of Appeal.

She held that sections 91 and 96 of the Constitution is a precondition without which the powers of the fifth defendant to present the 2024 financial year estimate of the revenue and expenditure before the House of Assembly cannot be properly exercised in accordance with section 121(1) of the Constitution

Justice Abdulmalik said: “Since there is nothing in the counter affidavits of all the defendants to suggest that the fifth defendant complied with the provisions of section 120(2)(3)&(4) and section 121(1) of the Constitution in presenting the Rivers State’s Appropriation Bill in respect of the 2024 financial year before a validly constituted House of Assembly, this court has an enormous duty to protect and guide the Constitution from unwarranted assault to curb the excesses of powers and infraction of constitutional order.

“Where there is dereliction of constitutional order as in this instant case, this court will surely not shy away from it sacred constitutional responsibility to do what it considered just in the circumstances,” she said.

Justice Abdulmalik proceeded to grant all the reliefs sought by the plaintiffs.

The October 30 judgment was on a suit filed by the Rivers State House of Assembly and  Martins Amaewhule (as Speaker) in which the plaintiffs alleged among others, unauthorized withdrawal and continued withdrawal of funds from the Rivers State Consolidated Revenue Funds Account by Governor Fubara.

Listed as defendants, in the suit marked: FHC/ABJ/CS/984/2024 are the CBN, Zenith Bank, Access Bank, the Accountant General of the Federation, the Governor of Rivers State, 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.

The Speaker of Rivers State House of Assembly, Martins Amaewhule, yesterday said the 27 lawmakers asked the court to put federal allocations to the state on hold because Governor Siminalayi Fubara had trampled on the rule of law.

Frowning at the governor’s disdain for the due process, he chided Fubara for his penchant for disobeying courts’ judgements and constitutional provisions.

Also firing salvos at the governor’s appointees and top civil servants, Amaewhule said they would not escape justice for aiding him to breach the rules.

However, Fubara fired back, saying that his detractors wanted to frustrate the implementation of laudable projects in the state.

The Amaewhule-led Assembly resolved during its

65th sitting at the legislative quarters on Aba Road, Port-Harcourt, the state capital, that the breach of law cannot go unpunished..

A statement by Martin’s Wachukwu, Special Assistant on Media to Amaewhule, said the lawmakers reviewed the governor’s actions while deliberating on the recent Judgement of the Federal High Court, Abuja Division.

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The lawmakers applauded the judgement of Justice J.O. Abdulmalik stopping the government from withdrawing from the state’s Consolidated Revenue Fund, until the 2024 Appropriation Bill is passed by a properly constituted Assembly.

They took their turns to commend the verdict after it was laid on the floor  of the Assembly by the House Leader, Major Jack.

On July 15, the House of Assembly rejected Fubara’s refusal to present the 2024  Appropriation Bill to the House.

Consequently, the lawmakers wrote to the governor to shut down on expenditure, pursuant to Section 122 of the 1999 Constitution.

Following the resolution, the Amaewhule-led House filed an action before the Federal High Court to determine whether Fubara could expend from the Consolidated Revenue Fund of the state without a valid 2024 Appropriation Law by the House of Assembly.

The lawmakers prayed the court to invoke the consequences of such constitutional breach by  ordering the Central Bank of Nigeria, the Accountant- General of the Federation, some Money Deposit Banks, among other defendants, to stop the release of moneys until Fubara complied with the Constitution which he swore to uphold.

The court decided in favour of the House and the Speaker.

Reflecting on the judgment, Amaewhule said:  “Since 1st of July, 2024, Governor Fubara has been spending moneys of the state without approval, hence the declaration of the shutdown of expenditure.

“Yet, the governor, in his characteristic manner of disobeying judgements of courts, the Constitution and extant laws has continued to circumvent the law with the aid of Permanent Secretaries, and some individuals who parade themselves as commissioners. They will certainly have a date with the law”.

The Speaker thanked the lawmakers for their steadfastness, urging them to always defend democracy.

He maintained that those trampling on the constitution would be made to account for their malfeasance.

Amaewhule described the decision of the Federal High Court as a landmark judgement, stressing that it was illegal, unlawful and a subversion of the Constitution for Fubara and his appointees to continue to spend from the Consolidated Revenue Fund without a valid Appropriation Law.

‘My detractors want to frustrate projects’

Fubara said his detractors wanted to derail the implementation of projects and good governance in the state.

However, he said despite the distractions, his administration would remain focused on rendering quality service to the people.

The governor assured that the Bori and Omoku Zonal Hospitals would be ready for public use by the end of this year.

Fubara said he would not relent in providing  affordable healthcare services, quality education standard infrastructure and boosting agriculture.

A statement by his Chief Press Secretary (CPS), Nelson Chukwudi, said the governor gave the assurance when he inspected the Zonal Hospital project  in Omoku Town in Ogba-Egbema-Ndoni Local Government Area.

Fubara said: “I want you to know this afternoon of this reconfirmation of our commitment to Rivers people that, not minding the attacks, notwithstanding the boast by people who believe they don’t want this state to go forward, that they will be disappointed.

“They want to make this State to be on fire so that we will be distracted from governance. We want to tell them, that while we face the fire, our eyes are on the ball.

“We will ensure that this particular project is delivered on time, alongside that of Bori Zonal Hospital, by the special grace of God, before the end of this year.”

The governor, who expressed satisfaction with the progress of work done, commended the contractor for adhering to agreed specifications.

He said: “From what we have inspected this afternoon, it is a world-class standard of an intermediary health facility.

“We confirmed that the contractor is working according to specifications because we want this facility to have a mortuary, a laundry which are needed for a standard hospital, and accommodation for the health workers.”

“You can see for yourself that you even saw a crane also working at the site of this project.

“We promise that this project, as part of what we promised our good people of Rivers State, that healthcare, education and agriculture are the prime things that we must, no matter the circumstances we find ourselves, deliver to our people.”

The governor also had a stop-over at the Ikiri Section of the 33.5 kilometers Elele-Egbeda-Omoku dualised road that also has bridge linking Ikwerre- Emohua-Ogba/Egbema/Ndoni local government areas.

Fubara said the road project was flagged off in May as part of activities marking his one year in office.

He said: “This project cuts across three local governments – Ikwerre, Emohua and Ogba-Egbema-Ndoni Local Government Areas. It is a 33.5 kilometer road with a river crossing bridge that will connect the three local government areas.

“We came here, as you are seeing. I think the contractor is doing a very good job, not withstanding the flood situation that they are battling with. I strongly believe that it will be delivered as promised by the contractor.”

He added: “I need to say this so that you also understand the challenges that we are facing: This is a raining season, and we are also having flood situation, but that notwithstanding, the contractor is doing a good job. You can see it yourself.”