Governor Siminalayi Fubara has appealed to the Court of Appeal in Abuja to overturn a judgment that barred the Central Bank of Nigeria (CBN) from disbursing monthly allocations to Rivers State.
The governor, represented by a legal team led by Yusuf Ali, SAN, argued that the Federal High Court’s order was issued in bad faith. During proceedings before a three-member appellate panel chaired by Justice Hamma Barka, Fubara’s counsel urged the court to vacate the October 30 ruling delivered by Justice Joyce Abdulmalik and grant his appeal, marked CA/ABJ/CV/1303/2024.
Fubara’s appeal was among six consolidated appeals arising from the controversial judgment. Other appellants include the Rivers State Government, the Accountant-General of Rivers State, and Zenith Bank Plc, with the consolidated appeals numbered CA/ABJ/CV/1277/24, CA/ABJ/CV/1196/24, CA/ABJ/CV/1287/24, CA/ABJ/CV/1293/24, and CA/ABJ/CV/1360/2024.
The Federal High Court had previously barred the Rivers State Government from accessing funds in the Consolidated Revenue Account. This decision stemmed from a suit (FHC/ABJ/CS/984/24) filed by the faction of the Rivers State House of Assembly led by Hon. Martins Amaewhule.
The plaintiffs listed as defendants the CBN, Zenith Bank Plc, Access Bank Plc, the Accountant-General of the Federation, Governor Fubara, the Rivers State Accountant-General, the Rivers State Government, and others, including judicial and electoral officials.
The Amaewhule faction, represented by J.B. Daudu, SAN, urged the appellate court to dismiss the appeals and uphold the high court’s judgment. They contended that the allocations should be withheld until Governor Fubara complies with a prior court order directing him to present the 2024 Appropriation Bill to the Assembly.
Governor Fubara refuted the faction’s claims, asserting that the lawmakers, who had decamped from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), no longer held legitimate positions in the state legislature.
The dispute underscores lingering tensions between Governor Fubara and the faction loyal to his predecessor, Nyesom Wike, now Minister of the Federal Capital Territory. The Amaewhule-led group had accused Fubara of ignoring judicial directives, a stance that prompted their push for federal allocations to be frozen.
After adopting arguments from all parties on Friday, the appellate panel reserved its judgment, promising to communicate the date to the litigants.