The Appeal Court Abuja has nullified a high court order restraining 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 by Justice Hamman Barka, held that the lower court Judge Joyce Abdulmalik lacked jurisdiction over the subject matter relating to the revenue of a state.
The decision followed an appeal by Rivers State government.
The appellate court also reversed orders made by the judge, saying it was unconstitutional for her to make orders restricting Rivers State government to receive funds due to the state from its consolidated revenue fund.
Recall that Judge Abdulmalik of the Abuja Federal High Court had in October held that the receipt and disbursement of monthly allocations since January this year by the Rivers State Governor, Siminalayi Fubara, was a breach of the Constitution and an aberration that must not be allowed to continue.
According to the judge, the presentation of the 2024 budget by Fubara before a four-member Rivers House of Assembly was an affront to the constitutional provision.
She stressed that the governor’s action was a gross violation of the 1999 Constitution.
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