Fubara Appeals As Court Stops Rivers Allocations
The Rivers State Government on Wednesday appealed the Federal High Court, Abuja’s judgment which retrained the Central Bank of Nigeria from further releasing allocations from the federation account to the state.
This came as the state Governor, Siminalayi Fubara, celebrated one of the failed attempts to impeach him by the Martin Amaewhule-led state House of Assembly loyal to the FCT minister, Nyesom Wike.
The state’s Commissioner for Information and Communications, Joseph Johnson, told The PUNCH that the judgment had been appealed, expressing optimism that the Appeal Court would upturn the judgment.
He said the pointers to the anticipated judgment were glaring, adding that they were unperturbed as they had already instituted an appeal against the Federal High Court judgment.
He told The PUNCH, “We saw this judgment coming the way it did when the trial judge refused 23 council chairmen as joinders, refused the state to change their lawyer and refused our objection challenging jurisdiction of the federal high court.
“The judgment has already been appealed and l believe that the Court of Appeal will upturn the judgment. We are not panicked and there is no cause for alarm.”
FHC judgment
Justice Joyce Abdulmalik of the Abuja Federal High Court in Abuja on Wednesday held that the presentation of the 2024 budget by Governor Fubara before a four-member Rivers House of Assembly was an affront to the Constitutional provision.
She described Fubara’s receipt and disbursement of monthly allocations since January as nothing short of a Constitutional aberration that must not be allowed.
Justice Abdulmalik also held that Fubara’s action in implementing an unlawful budget stood as a gross violation of the 1999 Constitution he swore to protect.
She proceeded to restrain the CBN, Accountant-General of the Federation, Zenith Bank and Access Bank from further allowing Fubara access to money from the Consolidated Revenue and Federation Account.
While delivering judgment in a suit marked FHC/ABJ/CS/984/2024, Justice Abdulmalik held that the action of the four-member House of Assembly loyal to Fubara, which he predicated his contentions on to justify what she called an “unlawful budget”, has since been nullified and set aside by the federal high court and the Court of Appeal, Abuja division.
She also declared that the judgment of Rivers High Court, which ruled in favour of Fubara to implement the 2024 budget, had also been set aside by the Court of Appeal, Abuja.
Justice Abdulmalik maintained that the apex bank was under constitutional obligation to ensure that the Rivers assembly was properly constituted as required in the Constitution before money from consolidated revenue and Federation Account are released to the beneficiaries.
She said, “Appropriation Bill for January to December 2024, being operated by the 5th defendant (Fubara), having not been charged by the lawful House of Assembly is illegal, unlawful and subversion of the 1999 Constitution.
“It is mandatory to present the appropriation bills before the appropriate Houses of Assembly before legitimate disbursement and withdrawal can be made.
“In the instant case, the 5th defendant (Fubara) has not presented any budgetary appropriation known to law to any legitimate House of Assembly. Sections 120 122 and 197 of the Federal Republic of Nigeria have not been complied with.
“It is unwarranted assault to the Constitutional Order for anybody, including the 5th defendant to be allowed or permitted to continue to breach and violate sections 91 and 96 of the Constitution to implement budget that was not approved by the Legislative Arm.
“Every individual must subject to the rule of law. Using illegally constituted House of Assembly to disburse public fund must not be allowed.”
In an order of injunction, she restrained Fubara, Accountant-General of the state and their agents and proxies from authorising the withdrawal of money from the state bank accounts domiciled at Zenith Bank and Access Bank until the budget of the state was passed by the appropriate House of Assembly.
She reaffirmed that the Amaewhule-led house of assembly remains the legitimate House of assembly in view of the Federal high Court judgment which nullified and set aside the House of Assembly of Victor Oko Jumbo led 4-member House of Assembly and upholding of same by the Court of Appeal in Abuja.
Justice Abdulmalik’s judgment follows the suit instituted by the Rivers House of Assembly and Martins Amaewhule against the CBN, Zenith bank PLC, Access Bank PLC, Accountant-General of the Federation, Governor Fubara, Accountant-General of Rivers State, Rivers State Independent Electoral Commission, S. C. Amadi (Chief Judge of Rivers), Hon. Justice Adolphis Enebeli (retired), (Chairman, Rivers SIEC) and the Government of Rivers State, as 1st to 10th defendants respectively.
The plaintiffs argued that Governor Fubara had yet to comply with the court order that directed him to re-present the 2024 Appropriation Bill to the Amaewhule-led faction of the Rivers State House of Assembly.
The Amaewhule-led Rivers assembly had on July 15 suspended all expenditures of Governor Fubara until he re-presented his budget before the house.
The lawmakers gave the governor a seven-day ultimatum to re-present the budget, which they said had expired.
On Wednesday, the Government House, located along Azikiwe Road in Port Harcourt, was a beehive of activities as various groups, officials of government, Peoples Democratic Party faithful and other stakeholders besieged the seat of power in the state, causing gridlock on the road leading to the entrance.
A viral video showed the Minister of Finance Wale Edun and some officials held a closed door meeting with Fubara at the Government House.
Meanwhile, Johnson warned that if the judgment was upheld by the Appeal Court, it would adversely affect local government workers.
He said, “If it is anything to reckon with it will impact negatively on the civil servants at the third tier of government, it will affect teachers’ salaries and all that that are attached to the council salaries.
“So, I can imagine how anybody would advocate for the stopping of funds that will bring development to the local government councils and also pay those who work in the council.
“It’s a legal problem and you cannot take it out of the court, particularly when you are a defendant. That is not how the law operates. This matter is one that the court will give justice to. So, let us stop all these shenanigans because it is not going to take us anywhere. It is the state that will suffer and in this case the local government staff.”
Pro-Wike group celebrate
Meanwhile, there was jubilation in the camp of Amawhule and loyalists of Wike in the All Progressives Congress Caretaker Committee in the state headed by Tony Okocha.
Chibuike Ikenga, the Publicity Secretary of the Okocha-led APC, hailed the judgment, saying it had enhanced the rule of law.
Ikenga said prior to the latest judgment, there was an earlier ruling by the Court of Appeal validated by Justice Omotosho that the Governor of Rivers State should re-present the state’s 2024 budget to the properly constituted Rivers State House of Assembly under Martin Amaewhule.
“But the Governor has blatantly refused to do so,” he said. “It was on the basis of his refusal to obey that court judgment that the House of Assembly, under Martin Amaewhule, went further to approach the court to take further decisions in line with the enforcement of the Court of Appeal judgement withholding the release of allocation to the Rivers State Government.”
Asked what the implication is for the state, he replied, “What the court has done is that it is enhancing the rule of law you know compliance and obedience to rule of law. You must obey laws if we want peace, tranquility and development to thrive in our society. So, it is a good development.”
But a member of the Rivers State Elders Council and pioneer spokesman of the Pan Niger Delta Forum, Chief Anabs Sara-Igbe, said the judiciary had a moral burden to redeem its image.
He said, “The judge, from the way she conducted herself in the proceedings, it was obvious that she had made up her mind to give judgment when she refused to follow the judicial process. All she wanted was to give judgment and she has given the judgment .
“But this is not the final judgment. The case will be appealed appropriately. But it is very obvious that the judiciary is becoming cash and carry. So, the judiciary has a very big task to redeem its image because the judiciary has battered itself to the point that people no longer has confidence in the judiciary.”
Atiku slams Tinubu
Following the judgment, former Vice President Atiku Abubakar, said Nigerian courts were playing an ignoble role in fostering political crises across the country, adding that President Tinubu should prioritise the country’s interest ahead of political ambition.
Atiku’s concerns were raised in a press statement issued by his Media Adviser Paul Ibe.
Atiku warned the judiciary against causing turmoil in Rivers and questioned Justice Abdulmalik’s decision to issue the order, given that it was widely known that the legality of Rivers State’s 2024 budget was already under appeal.
“We call on the Nigerian judiciary to restore its image before it gets too late,” Atiku stated.
“Nigeria should not descend to the Hobbesian state of nature where life is short, nasty and brutish, where citizens opt for self-help. Rivers State accounts for almost 25% of Nigeria’s oil assets. For a country facing an economic crisis worsened by vandalism and banditry, Tinubu should put his 2027 ambition aside and put Nigeria’s interest first.
“Last week, the Court of Appeal declared that the Rivers State budget was illegal because it was passed by an inchoate assembly. The court ordered Governor Siminalayi Fubara to present the budget afresh.
“The Rivers State Government has already filed a notice of appeal so that the Supreme Court can hear the matter. However, some elements in the Bola Tinubu administration have procured a judgement intended to undermine the Supreme Court.
“Even before the judgment was delivered, legal luminary Femi Falana (SAN) had alerted the Chief Justice of the Federal High Court, Justice John Tsoho, of possible compromise after house gifts had been presented to judges in Abuja. Sadly, Falana’s warning was ignored.”
Atiku urged the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, to ensure that those who found at fault be disciplined to help restore the judiciary’s diminishing reputation.
The statement added “The former Vice President said Nigeria has descended into the theatre of the absurd since the Tinubu administration took office.
“Courts are playing a more ignoble role in fostering political crises within political parties and even in states. From the emirship tussle in Kano State to the Rivers imbroglio where courts are going as far as preventing elections from holding, taking Nigeria back to the dark days of June 12, 1993, when polls were annulled.
“Sadly, under the leadership of those who claim to have fought for Nigeria’s democracy, the country is descending into chaos with conflicting orders from courts of coordinate jurisdiction flying all over the place while judges are being induced in the name of empowerment and provision of houses.
“The result is that Nigerians are gradually losing confidence in an institution which prides itself as the last hope of the common man. Foreign investors will avoid any place where judgments can be bought by the highest bidder.”
PDP warns
But the Peoples Democratic Party called for caution on both sides, saying the focus should be on providing good governance and dividends of democracy to the people of the state.
The National Youth Leader of the PDP, Timothy Osadolor, said, “For me as a stakeholder in this country, I believe things should be done properly and transparently. The truth is that no state or arm of government should be made to suffer for the actions of one man and his friends.
“This issue of Rivers State has been on for over a year and I think it’s high time the dramatis personae sit and resolve it. Beyond the semantics of the judgment is the issue at stake – power play. If we are to be very objective, we can’t fault the judgment in itself. But the issues are far too political and judicial.
“So, I would enjoin the governor to do what is right. I also enjoin the other parties to also do what is right. I would not say because the judiciary has had a series of questionable judgments in the past, this one should also be eliminated as such.”
Lawmakers reject judgment
A coalition of opposition lawmakers also rejected the judgment, describing it as the “height of judicial rascality,”
The lawmakers said the judgment was ill-conceived given that the issues surrounding 27 lawmakers loyal to Wike, who defected to the APC, were still pending at the Appeal and Supreme courts.
Speaking at a press conference in Abuja, the spokesman of the group, Ikenga Ugochinyere, said, “How can a judge who knows very well that the defected lawmakers have lost their seats, still go ahead to order for the allocation to be seized in favour of those who have lost their seats while the issues are pending at different courts on whether they should be parading as lawmakers.
“You want to use the Federal High Court to undermine democracy and constitutional governance. The issue of legality of their decampment is still in court and you are rushing to order that budget be presented to them. As who?”
They added that the decision of Justice Abdulmalik Joyce and Chief Justice of the Federal High Court, John Tsoho, to proceed with the case “despite a pending petition against the clear evidence of bias against them shows that there is more to the case than meets the ordinary eye.”
Ugochinyere, who represents Ideato North/Ideato South Federal Constituency, Imo State added, “How can you be aware that all the subject matters are before the Appeal Court and Supreme Court and you still went ahead to attempt to do harm and damage to innocent tax paying people of Rivers who did nothing?
“The Supreme Court has ruled on the sanctity of the Local Government Areas and state allocation as a sovereign wealth of the people that can’t be seized as such funds are constitutional and can only be spent on the authority of that State or local government. If the head of the state or LGA is not spending it well or spending it without necessary compliance with laid down regulations, the constitution gives you the power to impeach such officer, if you have the numbers and legitimacy.”
SANs react
However, several senior lawyers are divided over the judgment.
A Senior Advocate of Nigeria, Paul Obi, said there was no basis for stopping the payment of the allocation.
“It is beginning to look like the situation during (Olusegun) Obasanjo’s time with Tinubu as the Governor of Lagos, but somehow he managed it until eventually Obasanjo left office.
“There is a need for the Government of Rivers State to put their acts together, particularly due to the fallout between Nyesome Wike and his political godson, Governor Fubara. So, since Fubara has gone ahead to run the state, there were issues on the Court of Appeal judgment invalidating the declaration of the vacant seats in the Rivers state House of Assembly, affirming Amaewhule as the speaker.
“But I do not see how that can by any stretch of imagination lead to stoppage of the payment of allocation.”
Another erudite senior legal practitioner, Sam Erugo, stated, “I must quickly say that such an order must be taken seriously because of the far-reaching implications on governance in Rivers State. Again, it would appear that that court had taken sides on the vexed and undecided issue of the legitimacy of the members of the Rivers State House of Assembly who defected to APC.
“Statutory and case law authorities are clear on this point. Anyhow, the ruling remains the position of the Court until the right thing is done by appealing the ruling to the Court of Appeal.”
CSOs
Civil Society Organisations also weighed up the judgment.
Chairman, Centre for Accountability and Open Leadership, Debo Adeniran, on Wednesday faulted the actions of Governor Fubara, adding that presenting and operating a budget without the representation of the people was against the Constitution.
“So, I believe that he deserves the judgment because if you don’t stop federal allocation going to five people that are running the Executive and Legislature of that state, it is an aberration; it is a democratic aberration which should not be allowed. So, it means that if there were to be only two people in his legislature, he would make one the Speaker and the other one a member, and they would pass the budget; that is not correct.
“As long as you don’t have the majority behind you, you cannot be elected as any government officer at that level, and you cannot make laws on millions of other people that are in that state and you cannot spend money on behalf of those people.”
Conversely, the Executive Director, Civil Society Legislative Advocacy Centre, Auwal Musa Rafsanjani, expressed concern over the judgment, urging the CBN and the Accountant-General’s office to ensure they were not dragged into the “dirty politics.”
“We are deeply concerned with the way and manner in which some judicial officers are making efforts, conniving with some politicians to undermine democracy in Nigeria through their reckless approach to issues. The Constitution is very clear that states have the autonomy to conduct their affairs and no individual politician or judicial officer should truncate that constitutional provision.
“This procurement of the judgment by some politicians to deprive a democratically elected government of running its affairs is nothing but a calculated attempt to undermine that tier of government.
“I think the President must rise to ensure that his government is not seen as one working to undermine democracy, peace, and stability. We urge the judge to quickly vacate this kangaroo order that he has given the CBN. The CBN should file a stay of execution against the order because they are dragging the CBN into dirty politics, which is not good for our financial reputation.”
