The Court of Appeal, Abuja division, on Friday, overturned the judgement barring the Central Bank of Nigeria (CBN) from releasing monthly allocations to Rivers State.
The three-member panel of the appellate court led by Justice Hamma Barka, in a split decision, two against one, set aside the decision of the lower court regarding Rivers state allocations.
Delivering the lead judgment, Justice Barka held that the Federal High Court lacks jurisdiction to hear the case, as it relates to federal allocations.
Justice Joyce Abdulmalik of the Federal High Court, Abuja, had on October 30 ruled that Governor Similari Fubara’s action of presenting the budget to four members of the state assembly was in gross violation of the 1999 constitution.
She said the actions of the governor disbursing state funds since January this year before presenting the 2024 Appropriation Bill to the state assembly was unlawful and unconstitutional.
Justice Abdulmalik, therefore, ordered the governor to present the bill to the State House of Assembly led by RT Hon Martin Amaehwule and barred the financial institutions from disbursing funds to the state until the bill is passed.
Dissatisfied, Fubara proceeded to the appellate court, urging the Justice Hamma Barka-led panel to overturn the lower court’s judgment barring state allocations.
At the last court sitting, the panel consolidated five other appeals arising from the original high court decision, identified as CA/ABJ/CV/1277/24, CA/ABJ/CV/1196/24, CA/ABJ/CV/1287/24, CA/ABJ/CV/1293/24, and CA/ABJ/CV/1360/2024 and reserved judgement to a later date to be communicated to the parties involved.
Other members of the panel are Justice Adebukola Banjoko and Justice Peter Chudi Obiorah.
