Court Denies Motion to Prevent Rivers State Governor Fubara from Accessing State Funds
The Federal High Court in Abuja declined to grant a motion on Monday that sought to stop the Governor of Rivers State, Siminalayi Fubara, from using the state’s consolidated revenue fund.
Instead of granting the ex parte motion identified as FHC/ABJ/CS/984/24, Justice James Nwite directed the plaintiffs to notify Fubara and other defendants in the case.
This suit was initiated by a faction of the Rivers State House of Assembly aligned with former governor Nyesom Wike. The faction, led by Martin Amaewhule, had resolved during a plenary session on July 15 to prohibit Fubara from accessing the state’s consolidated account due to his refusal to re-present the 2024 budget.
The 25 pro-Wike legislators had previously issued Fubara a seven-day ultimatum to submit the budget, warning of potential actions against him if he did not comply.
Fubara, however, refused to re-present the N800 billion budget, already approved in January by his supportive faction of the Assembly. He labeled the pro-Wike lawmakers as illegitimate, claiming they had forfeited their legislative seats after defecting from the Peoples Democratic Party to the All Progressives Congress.
Victor Oko-Jumbo, leading the pro-Fubara faction of the Assembly, countered the pro-Wike lawmakers’ call, insisting his group constituted the legitimate Assembly and urging the Independent National Electoral Commission to hold by-elections to replace the pro-Wike members.
In his ruling, Justice Nwite decided not to restrain Fubara from accessing the state’s revenue.
The defendants in the suit include the Central Bank of Nigeria, Zenith Bank Plc, Access Bank Plc, the Accountant General of the Federation, the Rivers State Governor, the Accountant-General of Rivers State, the Rivers Independent Electoral Commission, the Chief Judge of Rivers State Justice S.C. Amadi, the Chairperson of RSIEC Adolphus Enebeli, and the Rivers State Government.
The pro-Wike lawmakers, represented by lawyer Joseph Daudu (SAN), also requested the court to permit substituted service of court documents on the defendants, a request the judge granted.
Justice Nwite ordered that the Motion on Notice be served on the 5th to 10th defendants through publication in the Nation newspapers. The judge then adjourned the matter until August 7 for the hearing of the Motion on Notice.
Meanwhile, the pro-Wike legislators on Monday called for the arrest of caretakers appointed by Fubara to manage 18 local government areas in the state. They argued that using caretakers contravened a recent Supreme Court ruling affirming local government autonomy.
Their resolution, detailed in a statement by Speaker Amaewhule’s media aide Martins Wachukwu, followed a motion moved by House Leader Major Jack. The legislators labeled the caretakers as impostors and entities not recognized by law.
Amaewhule expressed concern over these individuals’ actions, including withdrawing local government funds from banks for improper use. He urged police and security agencies to arrest the impostors to prevent a breakdown of law and order in the state, emphasizing that the House would not tolerate blatant disregard for state laws and Supreme Court judgments.
(Punch)