The Court of Appeal in Abuja has overturned all orders that had prevented the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to the Rivers State Government.
The three-member panel, led by Justice Hamman Barka, ruled that the issue was beyond the court’s jurisdiction concerning the state’s revenue.
In granting the appeal of the Rivers State Government, the appellate court also annulled all orders made by Justice Joyce Abdulmalik, deeming it unconstitutional for her to impose restrictions on the state government receiving funds from its consolidated revenue fund.
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The appellate court further stated that the lower court had overstepped its authority and lacked jurisdiction to hear the case.
In October, Justice Abdulmalik of the Abuja Federal High Court had ruled that the receipt and disbursement of monthly allocations by Rivers State Governor Siminalayi Fubara since January were unconstitutional and must not continue.
She also criticized Fubara’s presentation of the 2024 budget before a four-member Rivers House of Assembly, calling it a violation of constitutional provisions.
Justice Abdulmalik concluded that the governor’s actions represented a gross breach of the 1999 Constitution and issued an order preventing the CBN, the Accountant General, Zenith Bank, and Access Bank from allowing the governor to access funds from the Consolidated Revenue and Federation Account.
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