The Court of Appeal in Abuja has annulled previous orders that had blocked the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to the Rivers State Government.
A three-judge panel, led by Justice Hamman Barka, ruled that the matter of state revenue falls outside the jurisdiction of the lower court. The appellate court upheld the appeal filed by the Rivers State Government and invalidated the earlier directives issued by Justice Joyce Abdulmalik of the Federal High Court.
The appellate court declared that the orders from Justice Abdulmalik were unconstitutional, as they improperly restricted Rivers State from accessing funds from its consolidated revenue. The court also criticized the Federal High Court’s ruling, stating that it had overstepped its authority and lacked jurisdiction in the matter.
This ruling followed a decision in October by Justice Abdulmalik, who had found that Rivers State Governor Siminalayi Fubara’s receipt and distribution of monthly allocations since January violated constitutional provisions. The judge also ruled that Fubara’s presentation of the 2024 state budget to a four-member Rivers State House of Assembly was unconstitutional and a violation of the 1999 Constitution.
In response to these findings, Justice Abdulmalik had issued orders preventing the CBN, the Accountant General of the Federation, Zenith Bank, and Access Bank from granting Governor Fubara access to funds from the Consolidated Revenue Fund and the Federation Account. However, these orders have now been overturned by the Court of Appeal.
