Governor Siminalayi Fubara of Rivers State has moved to challenge a court ruling that bars the Central Bank of Nigeria (CBN) from releasing monthly allocations to his state.
The governor, through his legal team, led by Senior Advocate of Nigeria (SAN), Mr. Yusuf Ali, approached the Court of Appeal in Abuja on Thursday to seek the reversal of the controversial decision.
Fubara argued that the High Court’s judgment, which led to the freezing of federal allocations to Rivers State, was made in bad faith.
According to the governor, the decision by Justice Joyce Abdulmalik of the Federal High Court, delivered on October 30, 2024, unfairly targeted Rivers State, with adverse consequences for its governance and residents.
The case, marked CA/ABJ/CV/1303/2024, was presented before a three-member panel of the Court of Appeal led by Justice Hamma Barka. The appeal seeks to nullify the orders issued by the lower court, which had compelled the CBN to halt monthly allocations to Rivers State.
The governor’s legal team contended that the High Court’s decision was unjust, particularly as it was based on what they termed a “bad faith” ruling, which was not in the interest of the state or its people.
Rivers State’s financial situation has been heavily impacted by the court order, which prevents the CBN from distributing the monthly allocations that are typically provided to the state by the federal government.
If the appeal is successful, the state’s financial flow will be restored, allowing Governor Fubara’s administration to continue its planned projects and governance activities.
The case comes amidst rising tensions over the legality and fairness of the judicial decisions affecting Rivers State. Governor Fubara’s administration has been particularly vocal about the economic hardships the state has faced due to the freeze.
“The decision by the Federal High Court is not only an injustice to the people of Rivers State, but it undermines the very essence of governance and development,” said Fubara’s lead counsel, Mr. Yusuf Ali, SAN, after filing the appeal.
In a related development, the Court of Appeal recently ruled in favor of Governor Fubara’s administration regarding the Rivers State Local Government elections.
The appellate court overturned a previous judgment from the Federal High Court, which had ruled against the legitimacy of the local government elections conducted by the Rivers State Independent Electoral Commission (RSIEC).
This decision by the Court of Appeal has been hailed as a victory for the Rivers State government, reaffirming the legality of the elections conducted under Fubara’s leadership.
SaharaReporters had previously reported that the Action Peoples Party (APP) won in 22 out of the 23 local government areas of the state during the elections. The RSIEC had declared the APP as the winner, except in Etche Local Government Area and the 319 councillorship positions, which were still under collation.
The announcement was made by the Chairman of the RSIEC, Justice Adolphus Enebeli (retd.), at the RSIEC office in Port Harcourt. Enebeli clarified that the results for Etche and the remaining councillorship seats would be finalized once the collation process was completed.
The RSIEC Chairman further explained that the election took place across 6,866 voting units in Rivers State, with 18 political parties taking part in the process.
With the appellate court’s favorable ruling on the local government election, Governor Fubara’s administration has found some respite, although the freeze on the state’s federal allocations remains a major issue.
Political analysts have raised concerns about the implications of the federal allocation freeze, with some questioning whether it is politically motivated. There is growing speculation that the court ruling may be tied to the recent local government election outcome, where the APP emerged victorious, strengthening Fubara’s political base.
Fubara’s appeal is expected to be a crucial moment in the ongoing battle over state and federal powers, especially in light of recent events in Rivers State. As the legal proceedings continue, all eyes will be on the Court of Appeal’s final judgment on the matter, which could have far-reaching consequences for the financial stability of Rivers State.
“We will continue to fight for what is right for the people of Rivers State,” Governor Fubara asserted in a statement. “This appeal is about the future of our state, and we trust that justice will prevail.”
