In a dramatic decision, the Federal High Court in Abuja has ordered the Central Bank of Nigeria (CBN) to stop releasing monthly financial allocations to the Rivers State Government.
Justice Joyce Abdulmalik issued this order on Wednesday, ruling that Governor Siminalayi Fubara’s management of monthly allocations and his recent budget proposal amounted to a “constitutional aberration.”
The court’s ruling signals a major clash between the Rivers State Executive and the judiciary.
Governor Fubara, since January, has allegedly been managing the state’s finances in a manner deemed unconstitutional by the court.
Justice Abdulmalik cited the governor’s recent presentation of the 2024 budget to a House of Assembly with only four sitting members as a significant violation of Nigeria’s 1999 Constitution.
Describing this action as an “affront to constitutional provision,” Justice Abdulmalik condemned the governor’s reliance on a severely reduced House of Assembly.
The judge noted that with only four active members, the Assembly lacks the authority to pass any budget or make significant financial decisions.
According to the constitution, a House of Assembly must have a quorum to legislate effectively.
“The governor’s actions reflect a gross violation of the 1999 Constitution he swore to uphold,” Justice Abdulmalik stated.
She further labeled the governor’s actions as “an executive overreach.”
The court’s ruling prevents the CBN, Accountant General of the Federation, and commercial banks like Zenith and Access Bank from allowing the Rivers State Government access to federal and consolidated revenue funds.
This ruling has sparked concern over the ongoing financial operations in Rivers State.
Governor Fubara, who recently unveiled the state’s 2024 budget titled “Budget of Renewed Hope, Consolidation and Continuity,” had presented the budget of N800 billion to a House of Assembly group aligned with his interests.
This Assembly group consists of only five of the state’s over 30 lawmakers.
In a previous ruling in October, the Court of Appeal in Abuja had already dismissed an appeal by Governor Fubara to uphold this budget, calling the appeal “lacking in merit.”
The appeal court criticized the governor for withdrawing his counter-affidavit in the initial case, which weakened his right to appeal.
In its ruling, the appellate court did not mince words.
“Governor Fubara must be guided by the rule of law, not the rule of might,” the court stated, adding that the current Assembly situation in Rivers “resembles executive dictatorship, a joke taken too far.”
The Appeals Court ruling had been seen as a serious warning to Governor Fubara.
With the most recent ruling by Justice Abdulmalik, the pressure is mounting for the governor to cooperate with a properly constituted House of Assembly.
The ongoing political tension traces back to December 2023 when Governor Fubara presented his budget to the limited Assembly members.
Justice James Omotosho previously nullified this budget, declaring it illegal and ordering that the budget should be resubmitted to a legitimate House of Assembly.
Justice Omotosho also ordered the governor to immediately release all funds due to the Rivers State House of Assembly.
Further, the governor was barred from interfering in Assembly activities.
The political struggle in Rivers State has not gone unnoticed.
With courts invalidating budget proposals and blocking state access to critical federal funds, residents are concerned about the potential impact on public services and infrastructure projects.
Experts warn that withholding monthly allocations could disrupt ongoing projects and essential services, putting pressure on the governor to resolve this standoff quickly.
Governor Fubara’s supporters, however, argue that the state’s budget crisis is exaggerated, pointing out that key projects and initiatives have continued despite court rulings.
