February 6, 2025
Headlines

Atiku to Judiciary: Don’t set Rivers on fire

.As Court stops CBN from releasing monthly financial allocations to Rivers Govt

By Tunde Opalana & Andrew Orolua

Former Vice President of Nigeria, Atiku Abubakar, has cautioned the Judiciary against setting Rivers State on fire in the wake of the Wednesday judgment wherein a Federal High Court in Abuja ordered the Central Bank of Nigeria to halt all payments to the state.

In a statement on Wednesday by his Media Adviser, Paul Ibe, the former Vice President said it was appalling that some elements loyal to the Federal Government were pulling the strings from behind.

Atiku wondered why Justice Joyce Abdulmalik issued the order when it was public knowledge that Rivers State had already challenged the Court of Appeal’s judgment on the legality of Rivers State’s 2024 budget.

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He said: “Last week the Court of Appeal declared that the Rivers State budget was illegal because it was passed by an inchoate assembly. The court ordered Governor Siminalayi Fubara to present the budget afresh.

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“The Rivers State Government has already filed a notice of appeal so that the Supreme Court can hear the matter. However, some elements in the Bola Tinubu administration have procured a judgement intended to undermine the Supreme Court.

“Even before the judgment was delivered, legal luminary, Femi Falana (SAN) had alerted the Chief Justice of the Federal High Court, Justice John Tsoho of possible compromise after house gifts had been presented to judges in Abuja. Sadly, Falana’s warning was ignored.”

Atiku hailed the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, for summoning judges sitting on the Rivers State cases.

He, however, called on the nation’s top judge to ensure that those found wanting are disciplined in order to restore the fading glory of God the judiciary.

The former Vice President said: “Nigeria has descended into the theatre of the absurd since the Tinubu administration took office.

“Courts are playing a more ignoble role in fostering political crises within political parties and even in states. From the emirship tussle in Kano State to the Rivers imbroglio where courts are going as far as preventing elections from holding, taking Nigeria back to the dark days of June 12, 1993 where polls were annulled.

“Sadly, under the leadership of those who claim to have fought for Nigeria’s democracy, the country is descending into chaos with conflicting orders from courts of coordinate jurisdiction flying all over the place while judges are being induced in the name of empowerment and provision of houses.

“The result is that Nigerians are gradually losing confidence in an institution which prides itself as the last hope of the common man. Foreign investors will avoid any place where judgments can be bought by the highest bidder.

“Nigeria should not descend to the Hobessian state of nature where life is short, nasty and brutish, where citizens opt for self-help. Rivers State accounts for almost 25% of Nigeria’s oil assets. For a country facing an economic crisis worsened by vandalism and banditry, Tinubu should put his 2027 ambition aside and put Nigeria’s interest first.

“We call on the Nigerian judiciary to restore its image before it gets too late.’

Meanwhile, the Federal High Court in Abuja has stopped the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations from the Federation Account to Rivers State government.

The court held that the receipts and disbursements of monthly allocations since January this year by Governor Siminalayi Fubara is a Constitutional somersault and aberration that must not be allowed to continue.

Justice Joyce Abdulmalik, who issued the order on Wednesday, held that the presentation of the 2024 budget by Fubara before a 4-member Rivers House of Assembly was an affront to the Constitutional provision.

Specifically, the Judge said that Fubara’s action in implementing an unlawful budget having not been passed by the appropriate House of Assembly smacked gross violations of the 1999 Constitution he swore to protect.

The judge therefore restrained CBN, Accountant General of the Federation, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.

Delivering judgment in a suit filed by Rivers House of Assembly and Rt. Hon. Martin Chike Amaewhule as its Speaker, Justice Abdulmalik held that the CBN was under obligation to ensure that the right thing was done before money from Consolidated revenue and Federation Account are released to the beneficiaries.

The judge said that the action of the 4-member House of Assembly being held on to by Governor Fubara as yardstick to justify unlawful budget had since been nullified and set aside by the federal high court and the Court of Appeal both in Abuja.

Justice Abdulmalik held that the judgment of the Rivers State high court which gave power to the governor to implement the 2024 budget had also been set aside by the Court of Appeal.

“Appropriation Bill for January to December 2024, being operated by the 5th defendant (Fubara), having not been charged by the lawful House of Assembly is illegal, unlawful and subversion of the 1999 Constitution.

“It is mandatory to present the appropriation bills before the appropriate Houses of Assembly before legitimate disbursement and withdrawal can be made.

‘In the instant case, the 5th defendant (Fubara) has not presented any budgetary appropriation known to law to any legitimate House of Assembly. Sections 120 122 and 197 of the Federal Republic of Nigeria have not been complied with.

“It is unwarranted assault to the Constitutional Order for anybody, including the 5th defendant to be allowed or permitted to continue to breach and violate sections 91 and 96 of the Constitution to implement budget that was not approved by the Legislative Arm.

“Every individual must subject to the rule of law. Using illegally constituted House of Assembly to disburse public fund must not be allowed.’

Justice Abdulmalik subsequently issued an order of injunction which restrained CBN, Zenith Bank, Access Bank and the Accountant General of the Federation from permitting the withdrawal or use of the funds from the Consolidated revenue account and the Federation Account by Rivers State Government until the budget of the state is passed by the appropriate House of Assembly.

She also issued another order of injunction which restrained Fubara, Accountant General of the state and their agents from authorising the withdrawal of money from the Rivers state bank accounts domiciled at Zenith Bank and Access Bank until the budget of the state is passed by the appropriate House of Assembly.

The Judge held that the House of assembly under Rt Hon Martin Chike Amaewhule remains the legitimate House of assembly in view of the Federal high Court judgment which nullified and set aside the House of Assembly of Victor Oko Jumbo-led 4-member House of Assembly and upholding of same by the Court of Appeal in Abuja.

Earlier, several objections raised against the hearing of the suit in Abuja, locus standi of the plaintiffs, lack of reasonable cause of action among others were dismissed by the Judge for being unmeritorious.

The two plaintiffs in the suit are Rivers State House of Assembly and Rt. Hon. Martin Chike Amaewhule.

However, the ten defendants are CBN, Zenith Bank, Access Bank, Accountant General of the Federation, Rivers state governor, Accountant General of Rivers, Rivers state Independent Electoral Commission, Hon Justice S. C. Amadi Chief judge of Rivers state, Justice Adolphus Enebeli chairman of RSIEC and Rivers state government.

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