By John Joseph
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The Abuja Division of the Court of Appeal has set aside a prior ruling that barred the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to the Rivers State Government. A three-judge panel, led by Justice Hamman Barka, delivered the judgment, declaring that the initial court lacked jurisdiction to entertain the matter.
The appellate court upheld the appeal filed by the Rivers State Government, challenging the earlier ruling by Justice Joyce Abdulmalik. The lower court’s decision was deemed unlawful, as it allegedly infringed upon the state government’s right to access its funds from the Federation Account.
In October, Justice Abdulmalik had ruled that Governor Siminalayi Fubara’s receipt and disbursement of monthly allocations since January contravened the Constitution. The judge also declared that the presentation of the 2024 budget to a four-member Rivers House of Assembly was unconstitutional.
Consequently, Justice Abdulmalik had ordered the CBN, Accountant General of the Federation, Zenith Bank, and Access Bank to restrict Fubara’s access to funds from the Consolidated Revenue and Federation Account. However, the Court of Appeal’s latest decision has overturned this ruling, allowing the Rivers State Government to access its funds.
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