Governor Siminalayi Fubara of Rivers State has urged the Court of Appeal in Abuja to overturn a Federal High Court judgement that barred the Central Bank of Nigeria (CBN) from releasing monthly allocations to the state.
In a plea presented on Friday, Governor Fubara’s legal team, led by Senior Advocate of Nigeria (SAN) Yusuf Ali, asked the appellate court to nullify the October 30 order issued by Justice Joyce Abdulmalik of the Federal High Court.
The governor argued that the ruling, which blocked Rivers State’s access to funds, was delivered in bad faith and must be set aside.
The appeal, marked CA/ABJ/CV/1303/2024, is one of six appeals related to the controversial judgement.
The three-member panel of justices, led by Justice Hamma Barka, consolidated the appeals, including cases brought by the Rivers State Government, the Accountant-General of Rivers State, and Zenith Bank Plc.
The Federal High Court had previously restrained the CBN from disbursing funds from Rivers State’s consolidated revenue account.
The ruling stemmed from a suit filed by the Hon. Martins Amaewhule-led faction of the Rivers State House of Assembly.
The group, which supports former governor and current Minister of the Federal Capital Territory, Nyesom Wike, argued that Governor Fubara had violated a court order requiring him to represent the 2024 Appropriation Bill to the assembly.
The Governor however, contended that the Amaewhule-led group no longer had the authority to act as lawmakers in Rivers State, as they had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), the rival political party.
The appeals also involve prominent stakeholders, including the Central Bank of Nigeria, Zenith Bank Plc, Access Bank Plc, and the Accountant-General of the Federation.
Other defendants in the original suit were the Rivers State Independent Electoral Commission (RSIEC), the state’s Chief Judge, Justice S.C. Amadi, and retired Justice Adolphus Enebeli, who chairs the RSIEC.
During Friday’s hearing, lawyers for both sides presented their arguments.
Counsel for the Amaewhule-led assembly faction, J.B. Daudu, SAN, urged the appellate court to uphold the high court’s judgement, maintaining that the governor’s noncompliance with the Appropriation Bill order justified the restraint on state funds.
Meanwhile, Fubara’s legal team argued that the lower court’s ruling infringed on the state’s rights and created a financial crisis that jeopardized governance and public services in Rivers State.
After hearing the submissions, Justice Hamma Barka announced that the court would deliver its judgement at a later date, which will be communicated to all parties.
The legal battle underscores a deepening political rift in Rivers State, with Governor Fubara locked in a power struggle with loyalists of his predecessor, Nyesom Wike.
Analysts say the outcome of the case could significantly impact governance in the oil-rich state and influence its political landscape.
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