Supreme Court Restores Judgment Stopping Allocation to Rivers 

Alex Enumah in Abuja 

The Supreme Court has restored a judgment of a Federal High Court, which last year restrained the Central Bank of Nigeria (CBN) and the Accountant General of the Federation (AGF) from releasing funds from the federation accounts to the Government of Rivers State.

The apex court took the decision after it set aside a judgment of the Court of Appeal, which earlier nullified the trial court judgment on grounds of lack of jurisdiction.

In a unanimous judgment delivered by Justice Emmanuel Agim, the apex court held that the lower court erred in law when it came to the conclusion that the Federal High Court lacked the necessary jurisdiction to entertain the suit seeking to restrain the release of funds to the Government of Rivers State led by Governor Siminalayi Fubara.

According to Agim, the case of the appellant was mainly to enforce the earlier judgment of Justice James Omotosho of a Federal High Court, which had, in January 2024, ordered Fubara to re-present the 2024 appropriation of the Rivers State before the Martin Amaewhule-led Rivers State House of Assembly.

Agim, in the unanimous judgment, explained that a Federal High Court has jurisdiction to entertain a suit seeking the enforcement of an order of court, hence Justice Joyce Abdulmalik of a Federal High Court in Abuja was in order to issue the restraining order against the CBN and AGF.

Having set aside the judgment of the Court of Appeal, Justice Agim made an order restoring the judgment of the trial court delivered by Justice Abdulmalik directing the “CBN and AGF to forthwith stop releasing funds due to the Rivers State Government from the consolidated accounts” until the state appropriation is passed by the Amaewhule-led House of Assembly.

The apex court earlier faulted the passage of the 2024 Rivers State appropriation by four members of the Rivers State House of Assembly led by Okoh Jombo for being unlawful, illegal, unconstitutional, null and void.

Meanwhile, the court ordered Fubara to pay the sum of N50 million as cost to the appellants.

Details later…

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