Appeal Court vacates ruling stopping federal allocations release to Rivers State

Nigeria’s Court of Appeal in Abuja, Friday upturned the judgement of a Federal High Court that stopped the release of federal monthly allocations from the consolidated funds to the Rivers State Government.

A three-member panel of the appellate court in a judgement, held that the trial court in the first instance lacked the necessary jurisdiction to entertain the suit asking it to withhold funds accruing to the state on grounds that the 2024 appropriation was yet to be presented before the Rivers State House of Assembly.

Recall Justice Joyce Abdulmalik had in her judgement delivered on October 30, restrained the Central Bank of Nigeria (CBN) and the Accountant General of the Federation, from releasing funds to the Rivers State Government on alleged constitutional breach.

According to the judge, the current budget being operated by the state was not passed by a lawful arm of the Rivers State House of Assembly, therefore the government should be prevented from alleged further violation of the laws.

The Rivers State Government and the Governor, Mr. Siminalayi Fubara not satisfied with the judgment, had approached the Court of Appeal to vacate the judgement of Justice Abdulmalik.

The appellants besides, sought a stay of execution of the trial court’s judgement, arguing amongst others that the judgement would have adverse effect on the economy and people of Rivers State.

Among the issues canvased at the appellate court was that the trial court lacked jurisdiction to entertain the suit brought by the plaintiffs, adding that the subject matter is not within the powers of the trial court to adjudicate upon.

And delivering judgement in the appeal Friday, the three- member panel of the appellate court led by Justice Hamman Barka, agreed with the appellants that the Federal High Court lacked the jurisdiction to entertain the suit seeking to seize Rivers State allocation.

According to the judgement, the mere listing of federal agencies does not confer unrestricted jurisdiction on the Federal High Court.

Besides, the appellate court held that the subject matter which centered on the appropriation of a state ought not to have been entertained by the trial court.

The appellate court having held that the case of the appellants has merit, subsequently allowed the appeal and set aside all the orders made by Justice Abdulmalik.

The appellate court held that the said orders were unconstitutional, null and void having been made without jurisdiction, adding that the lower court over reached itself and didn’t have the jurisdiction to entertain the matter.

Justice Abdulmalik had in October ordered the stoppage of the release of federal monthly allocations from the consolidated funds to the Rivers State Government.