The Court of Appeal in Abuja has overturned all orders restraining 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 was outside the court’s jurisdiction, as it pertained to the state’s revenue matters. In allowing the appeal filed by the Rivers State Government, the appellate court also annulled the orders issued by Justice Joyce Abdulmalik, declaring them unconstitutional.
The court emphasized that it was unlawful for the lower court to restrict the Rivers State Government from receiving funds from its Consolidated Revenue Fund.
The Appeal Court further ruled that the Federal High Court, under Justice Abdulmalik, had overstepped its authority by entertaining the case, as it lacked jurisdiction over the matter.
In October, Justice Abdulmalik of the Federal High Court in Abuja had ruled that the receipt and distribution of monthly allocations by Rivers State Governor, Siminalayi Fubara, since January, violated the Constitution. The judge also criticized Fubara’s presentation of the 2024 state budget to a four-member Rivers House of Assembly, calling it a constitutional breach.
As a result, Justice Abdulmalik had issued restraining orders against the CBN, the Accountant General of the Federation, Zenith Bank, and Access Bank, prohibiting them from allowing Fubara access to funds from the Consolidated Revenue and Federation Account.
