Judicial Overreach Declared by Appeal Court
The Appeal Court in Abuja has nullified all previous judicial restrictions that prevented the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from disbursing funds to the Rivers State Government. This decision was handed down by a three-member panel led by Justice Hamman Barka, who argued that the issue of state revenue falls outside the jurisdiction of the court.
Appeal Court Rejects Lower Court’s Decision
In its ruling, the appellate court affirmed the appeal from the Rivers State Government, thereby voiding all injunctions issued by Justice Joyce Abdulmalik. The justices pointed out that it was unconstitutional for the lower court to block the state government’s access to its consolidated revenue fund, highlighting a significant jurisdictional error in the initial ruling.
Lower Court’s Overreach
Justice Barka and his panel criticized Justice Abdulmalik’s earlier orders, stating explicitly that the Federal High Court overstepped its legal bounds by attempting to control state finances. This critique underscores the principle that matters of state revenue should not be within the purview of federal courts in such a direct manner.
Background: Federal High Court’s Initial Ruling
In October, Justice Abdulmalik had ruled that the Rivers State Governor, Siminalayi Fubara, had breached the Nigerian Constitution by managing and distributing monthly allocations since January, labeling it an unconstitutional practice that needed immediate cessation.
Constitutional Breach Alleged by Federal High Court
The judge further argued that Governor Fubara’s presentation of the 2024 budget to only four members of the Rivers State House of Assembly was a direct violation of constitutional requirements, undermining the legislative process’s integrity.
Financial Restrictions Imposed
As a result of these findings, Justice Abdulmalik had imposed restrictions that prevented Governor Fubara from accessing funds from the Consolidated Revenue and Federation Account, involving key financial institutions like the CBN, the Accountant General of the Federation, Zenith Bank, and Access Bank in the enforcement of these orders.
This judicial back-and-forth highlights the ongoing tension between state autonomy and federal oversight in Nigeria, with significant implications for governance and financial administration in Rivers State.
