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Outrage as Abuja Court orders CBN to stop monthly allocations to Rivers

  • Don’t set the state on fire, Atiku warns judiciary
  • A judicial assault on Rivers people – Ankio Briggs
  • Tinubu should intervene now – Coalition
  • We are waxing stronger – Fubara

Blessing Taiwo and Emmanuel Nlewedum,

 

The Federal High Court sitting in Abuja on Wednesday ruled that Rivers State is restrained from receiving further monthly allocations from the Federation Account.

In his judgment, Justice Joyce Abdulmalik, barred the Central Bank of Nigeria (CBN) from allowing the state to draw funds from the consolidated revenue account.

The ruling followed a suit marked: FHC/ABJ/CS/984/24, which was brought before the court by the Hon. Martins Amaewhule-led faction of the Rivers State House of Assembly.

The defendants in the case were: the Central Bank of Nigeria, CBN, Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF).

Others are Governor Siminalayi Fubara of Rivers state, the Accountant-General of Rivers; Rivers Independent Electoral Commission, RSIEC; Chief Judge of Rivers, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.) and the Court orders FG to stop releasing Rivers monthly allocations
The plaintiffs had approached the court, praying it to withhold all federal monthly allocations meant for Rivers state.

According to the plaintiffs, Governor Fubara is yet to comply with the court order that directed him to represent the 2024 Appropriation Bill to the Amaehwule-led faction of the Rivers State House of Assembly.

They stated that the High Court had in a judgement which was delivered by Justice James Omotosho, recognised Hon. Amaewhule as the authentic Speaker of the Rivers State House of Assembly.

The faction noted that the court invalidated the 2024 budget proposal that was presented before the four-member faction of the Assembly, led by Hon. Victor Oko-Jumbo.

The Hon. Amaehwule-led members of the Rivers State Assembly added that the Court of Appeal upheld the High Court decision that was in their favour.

They alleged that Governor Fubara had continued to make unauthorized withdrawals from the consolidated revenues funds of Rivers state, in breach of section 120 of the 1999 Constitution, as amended.

However in his reaction, 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 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.

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.

“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.’

Similarly, a Coalition of all Rivers State Local Government Chairmanship Candidates in the October 5, 2024 Council Elections in the state, has reacted to the Abuja Federal High Court’s decision to stop federal allocations to the Government of Rivers State.

Justice Joyce Abdulmalik of the Federal High Court in Abuja, on Wednesday, ordered the stoppage of the release of federal monthly allocations to Rivers State.

Justice Abdulmalik who ruled that the Rivers government was in violation of the Constitution as regarding the state expenditures, said the 2024 budget being operated by the state was not passed by a lawful arm of the Rivers State House of Assembly.

She said “The questions raised by the plaintiffs are meritorious to warrant the grant of the injunctive and declarative reliefs sought”.

Specifically, the court pointed out that the Rivers State government missed the point when it failed to accept the fact that the state budget had been invalidated by a Federal High Court, adding that the same judgment nullifying the budget was affirmed by the Court of Appeal in Abuja recently.

The judge, therefore, restrained the 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.

Justice James Omotosho of the Federal High Court had in a judgement nullified the state budget as passed by Rt. Hon Edison Ehie -four member House of Assembly, on the grounds that they were not the authentic state legislators.

But the Coalition of all Chairmanship Candidates from over 15 political parties that contested the October 5, council elections in the state, while briefing journalists in Port Harcourt on Wednesday condemned the action of some Rivers indigenes which led to stoppage of the state allocation by the Court.

“We condemn moves by some persons to stop the release of allocations of Rivers State and that of the new council chairmen.

“We appeal to President Bola Tinubu to disregard the actions of political detractors, we also urge the judiciary to maintain its status as the last hope of the common man”, and not to be tossed around by one individual.

Convener and Chairman of the Coalition, Hon. Progress Anselemi, Chairmanship candidate of the Zenith Labour Party, ZLP, in Abua/Odual LGA, briefed the press on behalf of the group.

The Coalition lauded the Rivers State Independent Electoral Commission, RSIEC, led by Justice Adolphus Enebeli (Rtd) for conducting what they described as the most peaceful local government elections in the history of Rivers State.

They congratulated the chairmen of the 23 local government areas who emerged from the elections, urging them to run an all inclusive system of government by accommodating other chairmanship candidates under the coalition that contested alongside them, to build a formidable force for the 2027 general elections.

The Coalition also commended the State Governor, Sir Siminalayi Fubara for the implementation of N85,000 minimum wage for civil servants above the 70,000 benchmarked by the Federal Government, declaring their support for him.

“We reiterate that the candidates in the last October 5, local government elections under this coalition are fully in support of Sir Siminalayi Fubara. We are grassroots politicians across the 23 local government areas of Rivers State and synergizing our structures in support of this administration even in the build up to the 2027 general election.

“We join the governor and people of Rivers State to thank God for the survival of the 30th October, 2023 planned impeachment and a successful conduct if the local government elections.”

The group however appealed to the governor to grant audience to them to deliberate on ways to contribute to the success of his administration.

Also, reacting to the judgement, a Niger Delta Activist, Ankio Briggs said its unfortunate that those she called enemies of the state would go to the extent of moving to cripple the state. She however said the state would survive.

Briggs recalled that under the Bola Tinubu regime as governor of Lagos State, a similar attack was launched against the state, but was reversed by the apex court, before Tinubu could heave a sigh of relief, even though the Lagos State government was still running while the case lasted.

Stating that Rivers people will not keep quiet and watch as the entire state is stifled, Briggs lamented that the fight over political power involving the FCT minister, Nyesom Wike had taken this frightening dimension, with workers and service delivery likely to suffer as a result.

She said “this is political wickedness perpetrated against the people of Rivers State. You are denying the whole of Rives State monies. The judiciary has decided to be one of the weapons politicians use against the people of Rivers State.

“Anybody in the judiciary, whether as a lawyer or judge and you do not see anything wrong with this judgement that is against Rivers people, then you are part of the problem of Rivers people.

“This thing is dangerous. What is happening to Rivers people is not going to end the way the judiciary think it will end. It is not going to end the way the president thinks it is going to end or the way the FCT minister and his group thinks it is going to end.

“It is not going to end like that. They are just a handful of people. The rest of the people of Rivers State will not fold their hands and watch them.”

She said the moves to secure or procure judgements in Abuja courts against the people of the state were in themselves lawlessness.

Briggs said despite the organized judiciary attacks on the state, the government and the people would still survive.

Meanwhile, a close source to the Rivers state government told Daily Champion that the judgment would be appealed.

However the State Commissioner for Information and Communication, Joe Johnson said official position of the government on the judgment would be released soon.

Meanwhile, Rivers State Governor, Sir Siminalayi Fubara, has said that those who ruthlessly attempted to end his administration undemocratically, had boasted then to achieve their purpose quickly to boot him out of office within one week but have failed woefully.

The Governor said he had not only stayed in office more than one year and counting, his administration is forging on strongly with sterling leadership, focused on delivering social services and quality projects to Rivers people.

Fubara made the assertion at the Rivers State Day of Thanksgiving, Praise and Worship, held at the Main Bowl of Alfred Diette-Spiff Civic Centre along Moscow Road in Port Harcourt Old Township on Wednesday.

The session was a gathering of thousands of enthusiastic residents and indigenes in Rivers State, including reputable worship leaders, clergies and gospel singers, who joined in the commemoration service to thank God over the botched attempt to abruptly end the administration of Governor Fubara on 30th October, 2023 by undemocratic elements and haters of the State.

He expressed gratitude to God for His divine rescue by frustrating the schemes of detractors, acknowledging that without the overwhelming but organic support of Rivers people, his winning over his transducers would not have been entirely as sweet as it is now.

He said, “If you were not with us, if you had not stood with us, we won’t be here at this hour. A lot of you might not understand what happened on the 30th of October, 2023. It was an assassination to the people of Rivers State, indirectly and assassination at me directly.

“Since they can’t kill everyone of you, they need to kill one person so that everybody will be declared dead. But somehow, somewhere, by the special grace of God, they failed. And the God that we are thanking today, what they meant for evil, God turned it to good.”

Fubara mocked his detractors who had remained determined to derail governance, and insisted that despite their antics, his administration has demonstrated prudence, transparency and accountability in handling the financial resources of the State.

Such public financial diligence, he noted, has attracted commendations from BudgIT, a civic-tech organisation that assessed Rivers State as maintaining the Number One spot in the 2024 Fiscal Performance Ranking among the 36 states of the Federation.

He said, “I can tell you, they said we are not going to last for one week, we are here, we have done one year plus. We are also doing one year anniversary of their attack.

“They said those buccaneers will not leave as local government chairmen, today, we have the 23 local government chairmen sitting here with us. They said their commissioners should resign so that we will be crippled. Today, we have more than 23 commissioners.

“They said, in a programme in Rivers State University, that we are not going to do anything, and that they want to frustrate us. They are going to make us not to succeed. But by the special grace of God, we have embarked on projects that are touching the lives of Rivers people.

“We didn’t end there. We have shown prudence that we are not here to steal your money; that we are here to be accountable. And yesterday, we saw it, it was declared by BudgIT that Rivers State has shown Transparency and Accountability and has ranked us in Number One position.”

Fubara told the people that, so far, the journey of governance has been rewarding, adding that the most difficult part of the struggle has been experienced.

He insisted that there is nothing happening now that cannot be surmounted, and urged all Rivers people to brace up, be strong and be assured that the unity and peace is still intact.

He said, “I now ask the question: who is the winner? So, I tell you, this evening, we are here to thank God, to appreciate God, to say God, the way you did it one year ago, we know you are going to do it again for us much more.

“So, you don’t need to bother about the stories on social media. That one is the least of your trouble. By tomorrow, I am still going to pay my contractors.

“By tomorrow, those of you who have not gotten your salaries, your alert will also come to you. Local Government Chairmen, they have had their JAAC, your money is coming to your accounts.

“Who is the loser? We are not doing luncheon here to celebrate loss or failure. We are praising God because He is taking us to a higher position. So, you see the reason why you need to be happy? You see the reason why we chose today to celebrate the goodness of God in our State and in our lives? We can’t thank Him enough.”

Fubara restated the commitment of his administration to defend the interest of the State genuinely, adding that with the support of Rivers people, together, they will journey to the end.

The Governor explained while he sincerely implemented the details of the Presidential Peace Accord, including withdrawing legal suits, saying that the other party violated the accord, and went ahead to pursue their suits and secured judgment in their favour.

He said, “We made a promise to you that we will continue to defend and protect the interest of Rivers State genuinely, and we are not going back on that. We will do it, and we will follow through with it. With your support, we will journey it to the end.

“Because we are people of peace, if there is any advantage that was taken over us, it is because of our genuine interest for peace. The preacher said something about peace. I want to tell you that we went to Abuja and Mr President, knowing the importance of peace of Rivers State, brought out some conditions. We came back here in this State.

“First, we did everything that has to be done with those conditions. We went to court immediately, withdrew our matters, but they did not. And you call yourself honourable, when you cannot even obey simple instruction, and you blame it on Fubara.

“How is Fubara the problem? Fubara is not the problem! It was because we withdrew our matter, even the matter you filed, and we said we don’t want to continue: you took advantage of it, and went and got judgment. Is it not fraud?”

He said such dishonourable persons should not come to the public to demand that people must listen to them.

He insisted that he acted more honourably, believing that the agreement should be what should bind everybody together.

He explained, “When I discovered that I am being ambushed, not by the person who initiated the peace, but by people who believed that they are smarter.

“But you know such smartness, no matter what you call yourself, it is still foolishness before God. That is why, as they said, those other things that they are looking for, to make them feel they are coming back to life, we will not do it. So, let me see how they will come to life when we don’t do it.”

Fubara agreed with the preacher of the day who declared the evening as an enactment of the peace of God enthroned in Rivers State.

He said Rivers people are leaving the arena confident that God is taking them to greater height of peace in this State because of the genuine hearts craving for people.

He enjoined all true Rivers people to be strong and remain keyed into the overwhelming peace reigning in the State.

He stressed, “My promise to you all Rivers people is that our administration will do things that will stand the test of time. No matter what it is, we will continue to do those things that even when we leave, people will see them and say, yes, it is done for the good, not for personal interests.

“Not doing a road because I have a farm; not expanding a road because I have a business interest along that street. But I mean doing things that even when we leave, we will be remembered for leaving such legacies.”
Delivering a short exhortation, Rev. Umai Ukpai harped on the importance of peace in every individual’s life and in Rivers State, emphasising that God abhors trouble makers whose activities are geared towards disrupting the peace and creating uncomfortable living environment.

Rev Ukpai declared that enough is enough for such people while demanding for peace, and invoking the wrath of God on disobedient persons who think they are so powerful to kick people out of their land or from any position of appointment because, according to him, God has arisen to preserve his own.

Highlights of the event included performances by Government House Choir, Preye Odede, Mbata, Ada Zion, Jackson Jones, Okopi, St. Jude’s Military Church Choir, Asu Ekiye, Frank Edwards, and Joe Praise, among others according to a statement signed by Nelson Chukwudi, Chief Press Secretary to the Rivers State Governor.

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