Court Declines To Stop Fubara From Spending Rivers Funds

The Federal High Court in Abuja has declined to order a shutdown of all expenditures by Rivers State Governor, Siminalayi Fubara, pending the hearing and determination of the substantive suit filed by the Martin Amaewhule-led Rivers State House of Assembly.

Justice Emeka Nwite, in a ruling on the motion ex-parte marked: FHC/ABJ/CS/984/24, instructed that the plaintiffs notify all defendants in the suit rather than granting the immediate injunction sought.

The judge did, however, grant the plaintiffs’ request to serve the 5th to 10th defendants through substituted means by publishing the process in national newspapers.

The matter has been adjourned to August 7 for the hearing of the motion on notice.

The Rivers State House of Assembly, led by Speaker Martin Amaewhule, had suspended all expenditures by Governor Fubara on July 15, giving him a seven-day ultimatum to re-present the 2024 budget, which the Assembly claims has expired.

The plaintiffs, re-presented by lead counsel Joseph Daudu, SAN, filed the suit on July 14, naming the Central Bank of Nigeria (CBN), Zenith Bank Plc, Access Bank Plc, and the Accountant-General of the Federation (AGF) as the 1st to 4th defendants.

Governor Fubara, the Rivers State Attorney-General, the Rivers State Independent Electoral Commission (RSIEC), the Rivers State Chief Judge, the Chairman of RSIEC, and the Rivers State Government were included as the 5th to 10th defendants.

The plaintiffs sought an interlocutory injunction to restrain the banks and the Accountant-General from honouring any financial directives from Governor Fubara.

They argued that all requests or mandates from the governor involving state funds should be halted until the budget is re-presented to the Assembly.

Justice Nwite’s ruling to serve the defendants through newspaper publication aims to ensure all parties are adequately notified of the proceedings.

The judge’s decision to adjourn the matter provides an opportunity to thoroughly examine the claims and defences once all defendants have been properly served.