By Chukwuemeka Umesi
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In a recent ruling, the Federal High Court in Abuja denied a request to halt all expenditures by Governor Siminalayi Fubara of Rivers State, amidst a budget controversy that has sparked debate about the limits of executive power. The request was made by the Martin
Amaewhule-led Rivers Assembly, which had earlier suspended all expenditures by the governor pending the re-presentation of his budget before the house.Justice Emeka Nwite, in his ruling, ordered the plaintiffs to put all defendants on notice, rather than granting the requested injunction.
However, he permitted the plaintiffs to serve the 5th to 10th defendants with the originating process and other applications through substituted means, such as publishing in the Nation Newspapers.
This ruling has significant implications for the ongoing budget dispute between the executive and legislative arms of government in Rivers State. The controversy began when the Rivers State House of Assembly, led by Right Honourable Martin Amaewhule, discovered that Governor Fubara’s administration had continued to spend state funds despite the expiration of the 2024 budget.
The Assembly argued that this was a violation of Section 120 of the 1999 Constitution, which states that “all revenues or other monies raised or received by the Federation or any State shall be paid into the Consolidated Revenue Fund of the Federation or the State, as the case may be.”In response, the Assembly suspended all expenditures by the governor and gave him a seven-day ultimatum to re-present his budget. However, Governor Fubara’s administration has maintained that the budget remains valid, citing Section 324 of the Constitution, which allows for the continuation of existing budgets in the absence of a new one.
The plaintiffs, including the Rivers State House of Assembly and Right Honourable Martin Amaewhule, had filed a suit against the Central Bank of Nigeria, Zenith Bank Plc, Access Bank Plc, and the Accountant-General of the Federation, among others. They sought to restrain these defendants from honouring any requests or instructions from Governor Fubara or his agents, which would lead to the expenditure of Rivers State funds.
The court’s ruling has sparked interest, as it allows Governor Fubara’s administration to continue spending despite the Assembly’s concerns. This development raises questions about the balance of power between the executive and legislative arms of government in Rivers State. According to political analyst, Dr. Sofiri Jo, “This ruling has significant implications for the principle of separation of powers in Nigeria.
The court’s decision to allow the governor’s administration to continue spending despite the Assembly’s suspension raises questions about the limits of executive power and the role of the legislature in overseeing the budget.”Furthermore, the controversy has sparked debate about the need for budget transparency and accountability in Nigeria.
According to a report by the International Budget Partnership, Nigeria’s budget transparency score has consistently been below the global average, indicating a lack of transparency and accountability in the budget process.The Rivers State chapter of the Civil Society Organisations (CSOs) has also weighed in on the controversy, calling for greater transparency and accountability in the budget process.
“The people of Rivers State have a right to know how their resources are being spent,” said the chairman of the CSOs, “We demand that the governor’s administration be transparent and accountable in its spending.”As the matter continues in court, the people of Rivers State await the outcome with bated breath. Will the court ultimately rule in favour of the governor’s administration or the Assembly? Only time will tell.
However, one thing is certain – the controversy has sparked a necessary conversation about budget transparency and accountability in Nigeria.In addition, the controversy has also highlighted the need for constitutional reform in Nigeria. According to constitutional lawyer, Professor Nnamdi Obi, “The controversy has exposed the ambiguities in the Constitution regarding the budget process. There is a need for constitutional reform to clarify the roles and responsibilities of the executive and
legislative arms of government in the budget process.”As the debate continues, one thing is clear – the outcome of this controversy will have far-reaching implications for the future of budget transparency and accountability in Nigeria.