Court refuses to stop Fubara from spending Rivers funds

A Federal High Court, Abuja, has refused to shut down all expenditures of Governor Siminalayi Fubara of Rivers State pending the hearing and determination of the substantive suit filed by the Martin Amaewhule-led Rivers Assembly.

The faction of the assembly is loyal to Mr Fubara’s predecessor, Nyesom Wike, the FCT minister. The two estranged allies are fighting for control of the political structure in the oil-rich state.

Justice Emeka Nwite, in a ruling on the motion ex-parte marked FHC/ABJ/CS/984/24 and moved by Sebastien Hon, SAN, ordered the plaintiffs to put all the defendants in the suit on notice.

Mr Nwite, however, granted another motion ex-parte by the plaintiffs to serve the 5th to 10th defendants with the originating process and other applications in the matter by substituted means.

The judge said: “the leave is hereby granted to the plaintiffs/applicants to serve the 5th to 10th defendants/respondents with the plaintiffs/applicants’ originating and any other process (es) filed or issued in this suit by substituted means to wit: by publishing same in the Nation Newspapers.”

Mr Nwite adjourned the matter until 7 August for hearing the motion on notice.

Defendants in the case

The News Agency of Nigeria (NAN) reports that the 5th to 10th defendants are Mr Fubara, Accountant-General of Rivers; Rivers Independent Electoral Commission (RSIEC); Chief Judge of Rivers, Justice S.C. Amadi; Chairperson of RSIEC, Adolphus Enebeli and the Government of Rivers State respectively.

The Rivers House of Assembly and Mr Amaewhule (1st and 2nd plaintiffs) had filed the suit through their lead counsel, Joseph Daudu, SAN, on 15 July.

They are suing the Central Bank of Nigeria, Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation as 1st to 4th defendants, respectively.

In the motion on notice brought pursuant to Order 28 Rules 1 and 2; Order 27 Rules 5; Order 28 Rule 1(2) of FHC Civil Procedure Rules 2009 and under the inherent jurisdiction of the court, the plaintiffs sought two orders – an order of Interlocutory Injunction restraining the 1st, 2nd, 3rd and 4th defendants from honouring any request, command, order or mandate or any banking or other instrument, financial instruction or other instructions issued by the 5th defendant on his instruction or at his instance or deriving from the 5th defendant’s authority or in any manner, fund or revenue of Rivers State or Rivers State Government in the custody of the said defendants, or held by the said defendants for the benefit of Rivers State or Rivers State Government.

NAN reports that the two rulings were delivered on 17 July 17 in the judge’s chamber.

Mr Amaewhule-led Rivers Assembly had, on 15 July, suspended all expenditures of Governor Fubara until he re-presents his budget before the house.

The lawmakers gave the governor a seven-day ultimatum to re-present his budget, which they said had expired.

READ ALSO: Rivers Labour Party suspends chairperson, actress Hilda Dokubo

The House Leader, Major Jack, moved the motion to bring up a resolution alerting the house of the governor’s seven-day deadline for presenting the 2024 budget to the house.

Following consideration, the assembly decided to shut down the Rivers State Consolidated Revenue Account, prohibiting any expenditure by Mr Fubara’s administration.