The Abuja Appeal Court has overturned all orders preventing the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to the Rivers State Government.
This feels seems like a legal slap on the wrist for the Federal High Court, a three-member panel led by Justice Hamman Barka declared that the case was beyond the jurisdiction of the lower court. Apparently, Justice Joyce Abdulmalik’s ruling against Rivers State was not just overreaching, it was outright unconstitutional.
This judgment comes as a win for Governor Siminalayi Fubara and the Rivers State Government, which had been blocked from accessing funds from its consolidated revenue fund. Justice Barka and the appellate court wasted no words in condemning the lower court’s orders as unlawful. They described the restrictions placed on the state’s finances as a blatant disregard for constitutional provisions.
It’s worth noting that Justice Abdulmalik’s initial ruling in October painted Fubara as a constitutional villain. She had accused the governor of violating the 1999 Constitution by presenting the 2024 budget to a measly four-member Rivers State House of Assembly. If you’re wondering how a four-member assembly became a legislative body in a democracy, you’re not alone. Her ruling deemed Fubara’s actions an “aberration” and held that the state’s financial disbursement since January was illegal. She then took the dramatic step of restraining the CBN, the Accountant General, and even private banks like Zenith and Access from giving Rivers State access to its own funds.
The appellate court found that Abdulmalik’s orders weren’t just a stretch, they were an Olympic-level leap out of bounds. By taking it upon herself to block Rivers State from its statutory allocations, the judge essentially turned a constitutional provision into her personal thing. The Appeal Court made it clear, no court has the power to tamper with a state’s consolidated revenue fund.
So, what does this all mean? For Rivers State, it’s a return to financial normalcy, and for Governor Fubara, a moment to breathe. But for the judiciary, it’s a glaring reminder of the dangers of overstepping jurisdiction. Courts are meant to be the guardians of the Constitution, not tools for political manipulation.
