A recent ruling by the Federal High Court in Abuja has directed the Central Bank of Nigeria (CBN) to halt any further monthly allocations to the Rivers State Government. This decision stems from concerns regarding alleged violations of constitutional protocol by Governor Siminalayi Fubara in the handling of the state’s 2024 budget.
In a judgment delivered on Wednesday, Justice Joyce Abdulmalik determined that Governor Fubara’s submission of the budget to a four-member House of Assembly was unconstitutional. She noted that the governor had operated under an “illegitimate” budget since January, labeling this situation a “constitutional aberration.”
The ruling explicitly prohibits the CBN, along with the Accountant General of the Federation and the state’s accounts at Zenith Bank and Access Bank, from disbursing any funds to Governor Fubara. Justice Abdulmalik emphasized the necessity for a budget to be approved by a fully constituted House of Assembly, arguing that the actions taken by Fubara’s administration disregarded essential constitutional requirements.
In the case referenced as FHC/ABJ/CS/984/2024, Justice Abdulmalik declared the decisions made by the four-member assembly backing Fubara as void, citing previous rulings from both the Federal High Court and the Court of Appeal that had invalidated the assembly’s authority. She underscored the CBN’s obligation to ensure state budgets receive approval from a constitutionally recognized legislative body prior to fund disbursement, stating, “Any appropriation bill must pass through the constitutionally recognized House of Assembly; without it, any budget implementation is unlawful.”
The court’s findings also indicated that Fubara’s conduct violated Sections 91 and 96 of the 1999 Constitution. Justice Abdulmalik warned that any ongoing circumvention of legislative processes undermines the rule of law.
This ruling follows a lawsuit initiated by a faction of the Rivers House of Assembly led by Martin Amaewhule, which challenged the legitimacy of the smaller faction aligned with Fubara. The Amaewhule-led assembly previously announced in July that all state expenditures would cease until the governor resubmitted his budget to the rightful legislative body.
Justice Abdulmalik dismissed a request to stay the proceedings, labeling it as “frivolous and vexatious.” She also rejected calls for her recusal from the case, countering allegations of bias presented by the defense.
