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November 22, (THEWILL) – The Special Panel of the Court of Appeal in Abuja has reserved judgment on an appeal filed by Governor Siminalayi Fubara and others seeking to overturn a Federal High Court ruling that barred the Central Bank of Nigeria from releasing monthly allocations to Rivers State.
The three-member appellate panel, led by Justice Hamma Barka, reserved judgment after all parties involved in the case adopted their briefs of argument.
A date for the judgment will be communicated to the parties.
The appeal stems from an October 30 ruling by Justice Joyce Abdulmalik of the Federal High Court, Abuja.
The court had declared the presentation of the 2024 budget by Governor Fubara before a four-member Rivers State House of Assembly unconstitutional.
Justice Abdulmalik ruled that the receipt and disbursement of monthly federal allocations by the Rivers State Government since January 2024 were in breach of constitutional provisions.
The court also restrained the CBN, the Accountant-General of the Federation, Zenith Bank, and Access Bank from further releasing funds to Governor Fubara from the state’s consolidated revenue account.
The Federal High Court’s judgment was delivered in a suit filed by the Martins Amaewhule-led faction of the Rivers State House of Assembly, marked FHC/ABJ/CS/984/24.
The plaintiffs urged the court to withhold all federal allocations meant for Rivers State, arguing that Fubara’s actions violated constitutional guidelines.
Dissatisfied with the decision, Governor Fubara filed an appeal, marked CA/ABJ/CV/1303/2024, challenging the Federal High Court’s order. Through his counsel, Yusuf Ali (SAN), the governor urged the appellate court to vacate the restraining order, describing it as issued in bad faith.
On Friday, the appellate panel, led by Justice Barka, consolidated five other appeals related to the High Court’s ruling.
The appeals were filed by various stakeholders, including the Rivers State Government, the Accountant-General of Rivers State, and Zenith Bank Plc.
Defendants in the matter include the Central Bank of Nigeria, Zenith Bank Plc, Access Bank Plc, and the Accountant-General of the Federation.
Other parties listed are the Rivers State Independent Electoral Commission, Chief Judge of Rivers State, Justice S.C. Amadi, and RSIEC Chairman, retired Justice Adolphus Enebeli.
Counsel for the appellants, including Fubara, urged the Court of Appeal to allow their appeals, arguing that the High Court judgment was flawed.
However, the Martins Amaewhule-led faction of the Rivers State House of Assembly, represented by J.B. Daudu (SAN), called on the appellate court to dismiss the appeals and uphold the Federal High Court’s ruling.
After hearing submissions from all parties, the panel reserved judgment to a date yet to be announced.
