The Court of Appeal in Abuja has set aside all orders restraining the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to the Rivers State Government.
In a unanimous decision, the three-member panel presided over by Justice Hamman Barka ruled that the subject matter was beyond the jurisdiction of the lower court, as it pertained to the state’s revenue.
The appellate court allowed the appeal filed by the Rivers State Government and nullified the orders previously made by Justice Joyce Abdulmalik of the Federal High Court, Abuja. The court described the orders as unconstitutional, asserting that they infringed on the state’s right to access its funds from the Consolidated Revenue Fund.
Justice Barka noted that the Federal High Court overstepped its boundaries, emphasizing that it lacked the jurisdiction to entertain the matter in the first place.
In October, Justice Abdulmalik ruled that the receipt and disbursement of monthly allocations since January 2024 by Rivers State Governor Siminalayi Fubara constituted a breach of the Constitution. The judge had also criticized the governor’s presentation of the 2024 budget before a four-member Rivers House of Assembly, labeling it a violation of constitutional provisions.
Justice Abdulmalik consequently issued an order restraining the CBN, the Accountant General of the Federation, and banks, including Zenith Bank and Access Bank, from releasing funds from the Consolidated Revenue and Federation Account to the Rivers State Government.
However, the appellate court’s decision has now reversed these orders, affirming the Rivers State Government’s constitutional right to access its revenue.
This development marks a significant legal victory for Governor Siminalayi Fubara and the Rivers State Government as they regain access to the state’s funds.