The Court of Appeal sitting in Abuja has reversed a judgement stopping the Central Bank of Nigeria, CBN, from releasing monthly federal allocations to Rivers State.
The appellate court justices had a split ruling on Friday as two ruled in favour of Rivers State government while one objected.
Governor Siminalayi Fubara had approached the Court of Appeal sitting in Abuja to overturn the judgement.
The governor, through his team of lawyers led by Mr. Yusuf Ali, SAN, prayed to a three-member panel of the appellate court led by Justice Hamma Barka, to set aside a subsisting order of the High Court that compelled CBN to withhold his state’s monthly allocation.
The governor claimed the High Court judgement was given in bad faith.
He had urged the appellate court to allow his appeal marked CA/ABJ/CV/1303/2024, and nullify adverse orders that Justice Joyce Abdulmalik of the Federal High Court made against the state in the judgement she delivered on October 30.
The federal government had backtracked after it first said it would halt the October monthly Federation Account Allocation Committee (FAAC) revenue payment to Rivers State, citing a court order as the reason.
According to Bawa Mokwa, Spokesperson for the Office of the Accountant General of the Federation, the decision to stop the payment is in respect of the court order, which bars the Central Bank of Nigeria (CBN) and the Nigerian government from disbursing monthly allocations to the Rivers State government.
The court order was obtained by the factional Rivers State Assembly, led by Martin Amaewhule, who had filed an originating summons against the Rivers State Executive, under the leadership of Simi Fubara.
The Amaewhule faction loyal to former governor and current minister, Nyesom Wike, had alleged that the Rivers State Executive was yet to comply with the order of a Federal High Court directing it to re-present the 2024 appropriation bill to the faction of the Rivers State House of Assembly.
Mokwa had emphasised that the Office of the Accountant General of the Federation (OAGF) would respect the court order, following due diligence until a contrary order is issued.
She later on cited a subsisting appeal saying that the allocation could not be stopped.
The FAAC typically disburses revenue to the three tiers of government, including states, local governments, and the federal government.
The Court of Appeal had also earlier upheld the Rivers State Local Government elections conducted by the administration of Governor Fubara.
