Appeal court sets aside order restraining release of funds to Rivers state

The Court of Appeal in Abuja has overturned all orders barring 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, presided over by Justice Hamman Barka, ruled that the Federal High Court lacked jurisdiction over the matter, which concerned state revenue.

The appellate court set aside the previous orders issued by Justice Joyce Abdulmalik, deeming them unconstitutional. The court stated it was improper for the lower court to restrict the Rivers State Government from accessing funds due to it from the consolidated revenue fund. In delivering the judgment, the appellate court noted that Justice Abdulmalik’s orders had overreached the authority of the court.

The case arose in October when Justice Abdulmalik of the Federal High Court in Abuja ruled that the receipt and disbursement of monthly allocations by Rivers State Governor Siminalayi Fubara since January 2024 were unconstitutional.

Justice Abdulmalik had described the presentation of the 2024 budget by Fubara before a four-member Rivers House of Assembly as an affront to constitutional provisions, calling it a “gross violation” of the 1999 Constitution.

The judge consequently restrained the CBN, the Accountant General, and banks including Zenith Bank and Access Bank from granting Governor Fubara access to funds from the Consolidated Revenue and Federation Account.

With the appellate court’s decision, all such restrictions have been lifted, clearing the way for the Rivers State Government to receive its statutory allocations.