In a significant legal decision, the Federal High Court in Abuja has restrained the Central Bank of Nigeria (CBN) from disbursing monthly financial allocations to the Rivers State Government.
The judgment, delivered by Justice Joyce Abdulmalik, deemed the ongoing receipt and expenditure of monthly allocations by Governor Siminalayi Fubara as both unconstitutional and a legal anomaly that must be curtailed
.Justice Abdulmalik’s ruling highlighted the impropriety of the Rivers State Governor presenting and implementing the 2024 budget before a House of Assembly that currently comprises only four members, instead of the required legislative quorum.
This act, according to the judge, constituted a “Constitutional somersault” and a violation of the fundamental principles enshrined in Nigeria’s 1999 Constitution.
The court underscored that any budget presented and executed without adequate legislative oversight lacks legitimacy and threatens the principles of accountability and checks and balances that the constitution mandates.
The court found that Governor Fubara’s actions, in pressing forward with the 2024 budget in the absence of a properly constituted legislature, amounted to a gross disregard for the constitution.
Justice Abdulmalik emphasized that this disregard was an “affront” to the rule of law and the principles of governance, which require adherence to stipulated legal frameworks.
By proceeding in this manner, Fubara’s government has, according to the court, acted outside the boundaries of lawful governance, effectively bypassing the legislative checks intended to ensure fiscal responsibility and oversight.
Additionally, Justice Abdulmalik highlighted that the governor’s conduct posed serious implications for the management of public funds.
The court’s ruling specifies that Governor Fubara’s administration should not continue to access or control funds from the Consolidated Revenue and Federation Accounts without a constitutionally legitimate budget.
This measure seeks to prevent the misuse or unregulated use of state finances, reinforcing the principle that public funds must be managed within the parameters set by the constitution.
Consequently, the court issued a restraining order to several financial institutions and government entities, including the Central Bank of Nigeria, the Accountant General of the Federation, Zenith Bank, and Access Bank, prohibiting them from further facilitating Governor Fubara’s access to these funds.
The court order stands as a safeguard to ensure that, until compliance with constitutional requirements is achieved, Rivers State’s financial transactions will be restricted.
The ruling represents a clear message from the judiciary that the rule of law and constitutional principles cannot be undermined by executive actions, even at the state level.
The decision reinforces the judiciary’s role in upholding the constitution and acts as a reminder to state governments to strictly observe constitutional mandates in all facets of governance.
