Appeal Court Sets Aside Judgement Restricting Release Of Funds To Rivers State

Appeal Court Sets Aside Judgement Restricting Release Of Funds To Rivers State

13th December 2024, NewsOrient, News, Law And Society

All the orders restraining the Central Bank of Nigeria (CBN); the Accountant General of the Federation and banks from releasing funds to the Rivers State Government have been set aside by the Court of Appeal sitting in Abuja.

The judgement, delivered by a three-member panel, presided by Justice Hamman Barka, held that “the subject matter was not within the jurisdiction of the court relating to the revenue of the state,” reports Channels Television.

The report said “while allowing the appeal of the Rivers State government, the appellate court also set aside all the orders made by Justice Joyce Abdulmalik, stating that it was unconstitutional for her to make orders restricting Rivers State government to receive funds due to the state from its consolidated revenue fund.

“The appellate court held that the lower court overreached itself and didn’t have the jurisdiction to entertain the matter.”

NewsOrient recalls that in October 2024, Justice Abdulmalik of the Abuja Federal High Court held that “the receipt and disbursement of monthly allocations since January this year by the Rivers State Governor, Siminalayi Fubara, was a breach of the Constitution and an aberration that must not be allowed to continue.”

The judge held further that “the presentation of the 2024 budget by Fubara before a four-member Rivers House of Assembly was an affront to the constitutional provision.

Describing the governor’s action “as a gross violation of the 1999 Constitution,
Justice Abdulmalik restrained the Central Bank of Nigeria, the Accountant General of the Federation, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.”

With Court of Appeal ruling, these orders have been set aside.

Photo Credit: Business Day

~ NewsOrient

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