Former Vice President Atiku Abubakar has cautioned the judiciary against setting Rivers state on fire in the wake of the Wednesday judgment wherein a Federal High Court in Abuja ordered the Central Bank of Nigeria to halt all payments to the state.
In a statement Wednesday by his Media Adviser, Paul Ibe, the former Vice President said it was appalling that some elements loyal to the federal government were pulling the strings from behind.
Atiku wondered why Justice Joyce Abdulmalik issued the order when it was public knowledge that Rivers state had already challenged the Court of Appeal’s judgment on the legality of Rivers state’s 2024 budget.
He said, “Last week the Court of Appeal declared that the Rivers State budget was illegal because it was passed by an inchoate assembly. The court ordered Governor Siminalayi Fubara to present the budget afresh.
“The Rivers State Government has already filed a notice of appeal so that the Supreme Court can hear the matter. However, some elements in the Bola Tinubu administration have procured a judgement intended to undermine the Supreme Court.
“Even before the judgment was delivered, legal luminary, Femi Falana (SAN) had alerted the Chief Justice of the Federal High Court, Justice John Tsoho of possible compromise after house gifts had been presented to judges in Abuja. Sadly, Falana’s warning was ignored.
“Nigeria should not descend to the Hobessian state of nature where life is short, nasty and brutish, where citizens opt for self-help. Rivers State accounts for almost 25% of Nigeria’s oil assets. For a country facing an economic crisis worsened by vandalism and banditry, Tinubu should put his 2027 ambition aside and put Nigeria’s interest first.
“We call on the Nigerian judiciary to restore its image before it gets too late.”
The Federal High Court in Abuja had Wednesday stopped the Central Bank of Nigeria (CBN) from releasing monthly financial allocations from the Federation Account to Rivers state government.
The court held further that the receipts and disbursements of monthly allocations since January this year by Governor Siminalayi Fubara is a Constitutional sommersault and aberration that must not be allowed to continue.
The order which was handed down by Justice Joyce Abdulmalik held further that the presentation of the 2024 budget by Fubara before a 4-member Rivers House of Assembly was an affront to the Constitutional provision.
The Judge described Governor Fubara’s action in implementing unlawful budget having not been passed by the appropriate House of Assembly smacked gross violations of the 1999 Constitution he swore to protect.
The judge therefore restrained CBN, Accountant General of the Federation, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.
The judge said that the action of the 4-member House of Assembly being held on to by governor Fubara as yardstick to justify unlawful budget had since been nullified and set aside by the federal high court and the Court of Appeal both in Abuja.
Justice Abdulmalik held that the judgment of Rivers State High Court which gave power to the governor to implement the 2024 budget had also been set aside by the Court of Appeal.
“Appropriation Bill for January to December 2024, being operated by the 5th defendant (Fubara), having not been charged by the lawful House of Assembly is illegal unlawful and subversion of the 1999 Constitution.
“It is mandatory to present the appropriation bills before the appropriate Houses of Assembly before legitimate disbursement and withdrawal can be made.
“In the instant case, the 5th defendant (Fubara) has not presented any budgetary appropriation known to law to any legitimate House of Assembly. Sections 120 122 and 197 of the Federal Republic of Nigeria have not been complied with.
“It is unwarranted assault to the Constitutional Order for anybody, including the 5th defendant to be allowed or permitted to continue to breach and violate sections 91 and 96 of the Constitution to implement budget that was not approved by the Legislative Arm.”