In a recent development, Justice Joyce Abdulmalik of the Federal High Court in Abuja has ordered the Central Bank of Nigeria (CBN) to suspend further monthly allocations to the Rivers State Government. The court ruling stems from concerns over Governor Siminalayi Fubara’s handling of state funds and legislative procedures.
Justice Abdulmalik ruled that the receipt and use of monthly financial allocations by Governor Fubara since January were unconstitutional. The judge stated that Fubara’s presentation of the 2024 budget before a small, four-member group of the Rivers State House of Assembly disregarded constitutional requirements.
In her judgment, Justice Abdulmalik labeled the governor’s actions a violation of the 1999 Constitution. As a result, she issued an order preventing the CBN, Accountant General of the Federation, Zenith Bank, and Access Bank from disbursing any funds from the Federation Account to Governor Fubara or the Rivers State Government.
This decision follows an October ruling by the Court of Appeal in Abuja, which affirmed an earlier Federal High Court decision to nullify the N800 billion budget passed by only five members of the Assembly, led by Edison Ehie. The Appeal Court ruled against Fubara’s appeal, declaring it lacked merit because he withdrew his objections in the original trial, limiting his right to appeal.
In its judgment, the Appeal Court criticized the situation as “executive dictatorship” and called it “a joke taken too far.” Earlier, Justice Omotosho had nullified the 2024 budget passed by these lawmakers and ordered Fubara to resubmit the budget to a legally formed Assembly under Speaker Martin Amaewhule.
Governor Fubara initially presented the budget, titled “Budget of Renewed Hope, Consolidation, and Continuity,” totaling N800 billion, to a small group within the Assembly in December 2023. Justice Omotosho’s ruling ordered Fubara to release all funds meant for the Rivers State House of Assembly and to refrain from interfering in its operations.
These court decisions are expected to impact governance in Rivers State and highlight the tension between the judiciary and the executive branch regarding state financial management and constitutional adherence.
