Governor Siminalayi Fubara of Rivers State got a reprieve on Friday as the Court of Appeal in Abuja reversed a judgment of the Abuja Division of the Federal High Court which cut off funding for the Rivers State Government over the intractable political crisis in the oil-rich state.
A three-member panel of the Court of Appeal, Abuja, presided over by Hamman Barka, held that the Federal High Court lacked the jurisdiction to entertain the suit seeking to cut off funding for the Rivers State Government, according to a report by Punch newspaper.
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Punch reports that the court added that the mere listing of federal agencies does not confer unrestricted jurisdiction on the Federal High Court and that the subject, which is the appropriation issue of a state, should not have been entertained.
The paper reports that the Appeal Court allowed the Rivers State Government’s appeal and set aside all the orders made by the Federal High Court, stating that it was unconstitutional for her to make orders restricting Rivers State government from receiving funds due to the state from its consolidated revenue fund.
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The Rivers State legislature has been split into two factions because of the battle between Governor Fubara and his predecessor, Nyesom Wike, the FCT minister, for control of the political structure in the state.
The Federal High Court judge, Joyce Abdulmalik, on 30 October, ruled against Mr Fubara’s presentation of the 2024 budget of the state to a four-member faction of the state’s House of Assembly loyal to him. The court also barred the Central Bank of Nigeria (CBN) and the Accountant-General of the Federation from releasing funds from the federation account to the state.
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Twenty-seven Rivers lawmakers loyal to Mr Wike filed the case.
Justice Abdulmalik held that Governor Fubara’s receipt and disbursement of monthly allocations since January 2024 was a constitutional somersault and aberration that must not be allowed to continue.
The judge held that Mr Fubara’s presentation of the 2024 budget before a four-member assembly was an affront to the Nigerian constitution.
The Rivers State Government had appealed the judgment.
The appeal was successful, with the Court of Appeal overturning the Federal High Court’s judgement.
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