The Court of Appeal in Abuja has set aside all orders restraining the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to the Rivers State government.
A three-member panel of justices presided over by Justice Hamman Barka on Friday held that the subject matter of the revenue of the state was outside the jurisdiction of the high court to determine.
The appellate court held that the lower court overreached itself and did not have the jurisdiction to entertain the matter.
The panel, in a split decision of two to one, also allowed the appeal by the Rivers State Government and set aside the earlier judgment of the Federal High Court in Abuja.
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Justice Joyce Abdulmalik had on October 30 restrained the allocations citing Governor Siminalayi Fubara’s presentation of the N800 billion 2024 budget proposal before a four-member Rivers House of Assembly.
Specifically, the judge had noted that Fubara’s action in implementing what she called an unlawful budget smacked of gross violations of the Nigerian Constitution he swore to protect.
The judge, therefore, restrained the CBN, Accountant General of the Federation, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.
“It is mandatory to present the appropriation bills before the appropriate Houses of Assembly before legitimate disbursement and withdrawal can be made,” the judge said.
‘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’’.
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