The Court of Appeal in Abuja has overturned 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, led by Justice Hamman Barka, ruled that the case did not fall under the jurisdiction of the lower court as it pertained to state revenue. Allowing the Rivers State Government’s appeal, the appellate court annulled the decisions of Justice Joyce Abdulmalik, describing them as unconstitutional. It stated that restricting Rivers State from accessing funds from its consolidated revenue fund was beyond the authority of the lower court.
The appellate court emphasised that Justice Abdulmalik had overstepped her jurisdiction in the matter.
In October, Justice Abdulmalik of the Abuja Federal High Court had ruled that Governor Siminalayi Fubara’s receipt and disbursement of monthly allocations since January constituted a constitutional breach. She further criticised the governor’s presentation of the 2024 budget before a four-member Rivers State House of Assembly, labelling it an affront to constitutional provisions.
The judge had subsequently issued orders restraining the CBN, the Accountant General of the Federation, Zenith Bank, and Access Bank from allowing Governor Fubara to access funds from the Consolidated Revenue and Federation Account.
The Appeal Court’s decision effectively nullifies these orders, reaffirming the Rivers State Government’s right to access its due revenue.