The Federal High Court in Abuja has refused to grant an ex parte motion aimed at preventing Governor Siminalayi Fubara of Rivers State from accessing the state’s consolidated revenue fund.
Instead, Justice James Nwite instructed the plaintiffs to notify Fubara and other defendants in the suit.
The suit was filed by a faction of the Rivers State House of Assembly loyal to former governor Nyesom Wike. During its plenary on July 15, the faction led by Martin Amaewhule resolved to bar Fubara from spending from the Rivers State consolidated account following his refusal to present the 2024 budget anew.
The pro-Wike lawmakers had issued a seven-day ultimatum to Fubara to present the budget, threatening action if he refused. However, Fubara refused to present the N800 billion budget already passed in January by the faction loyal to him, describing the pro-Wike lawmakers as illegitimate due to their defection from the Peoples Democratic Party to the All Progressives Congress.
Victor Oko-Jumbo, leading the pro-Fubara faction, countered the call to prevent Fubara from spending state funds, asserting that his faction is the legitimate Assembly and urging the Independent National Electoral Commission to conduct by-elections to replace the pro-Wike lawmakers.
In his ruling, Justice Nwite declined to prevent Fubara from accessing the state’s revenue. The defendants in the suit include the Central Bank of Nigeria, Zenith Bank Plc, Access Bank Plc, the Accountant General of the Federation, the Rivers State Governor, the Rivers State Accountant-General, the Rivers State Independent Electoral Commission, Chief Judge of Rivers State Justice S.C. Amadi, Chairperson of RSIEC Adolphus Enebeli, and the Government of Rivers State.
The pro-Wike lawmakers, represented by lawyer Joseph Daudu (SAN), also requested substituted service of court papers on the defendants, which the judge approved. Justice Nwite ordered that the Motion on Notice be served on the 5th to 10th defendants via publication in the Nation newspaper and adjourned the matter till August 7 for hearing.
Meanwhile, the pro-Wike lawmakers demanded the arrest of caretakers appointed by Fubara to run the 18 local government areas of the state. They described the caretakers as impostors, stating their appointment violates the recent Supreme Court judgment upholding local government autonomy. The lawmakers’ resolution, as stated by Speaker Amaewhule’s media aide Martins Wachukwu, followed a motion by House Leader Major Jack.
Amaewhule expressed concern over these individuals withdrawing money meant for the Local Government Councils and called on the police and other security agencies to arrest the impostors to maintain law and order. He emphasized that the House would not tolerate disregard for the state’s laws and the Supreme Court judgment.
