Court denies motion to stop Rivers State Governor from accessing state funds; directs plaintiffs to notify defendants.
EKO HOT BLOG reports that the Federal High Court in Abuja declined to grant a motion to stop Rivers State Governor Siminalayi Fubara from accessing the state’s consolidated revenue fund.
Instead of granting the ex parte motion marked FHC/ABJ/CS/984/24, Justice James Nwite instructed the plaintiffs to notify Fubara and the other defendants in the case.
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The suit was filed by a faction of the Rivers State House of Assembly loyal to former governor Nyesom Wike. Led by Martin Amaewhule, the faction resolved on July 15 to bar Fubara from spending from the state’s consolidated account due to his refusal to present the 2024 budget anew.
Previously, the 25 pro-Wike lawmakers had given Fubara a seven-day ultimatum to present the budget, threatening action if he failed to comply. Fubara, however, refused to present the N800 billion budget already passed in January by his loyalist faction of the Assembly.
He labeled the pro-Wike lawmakers as illegitimate, stating they lost their seats after defecting from the Peoples Democratic Party to the All Progressives Congress.
The pro-Fubara factional Assembly, led by Victor Oko-Jumbo, also countered the call by the pro-Wike lawmakers on Fubara not to spend state funds.
Oko-Jumbo insisted that his faction of the Assembly was the legitimate Assembly and called on the Independent National Electoral Commission to conduct by-elections to replace the pro-Wike lawmakers.
In his ruling on Monday, Justice Nwite said he would not stop Fubara from spending the state’s revenue.
The defendants in the suit are the Central Bank of Nigeria, Zenith Bank Plc, Access Bank PLC, the Accountant General of the Federation, the Rivers State Governor, Fubara, the Accountant-General of Rivers, the Rivers 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, through their lawyer, Joseph Daudu (SAN), also prayed the court to order substituted service of court papers on the defendants, a prayer the judge granted.
Justice Nwite, in his ruling, ordered that the Motion on Notice be served on the 5th to 10th defendants by substituted means.
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He said, “Leave is hereby granted to the plaintiffs/applicants, to serve the 5th to 10th defendants/respondents with the plaintiffs/applicants’ Motion on Notice, and any other process(es) filed or issued in this suit by substituted means to wit: by publishing same in the Nation newspapers.”
The judge subsequently adjourned the matter till August 7 for the hearing of the Motion on Notice.
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