Court Declines To Stop Fubara From Spending Rivers Funds

Court Declines To Stop Fubara From Spending Rivers Funds

By Kingsley Sunday

A Federal High Court (FHC), Abuja has refused to shut down all expenditures of Gov. Siminalay Fubara of Rivers pending the hearing and determination of the substantive suit filed by the Martin Amaewhule-led Rivers Assembly.

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

Justice 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.”

Justice Nwite adjourned the matter until Aug. 7 for a hearing of the motion on notice.

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

The Rivers State House of Assembly and Right Honourable Martin Amaewhule (1st and 2nd plaintiffs) had, through their lead counsel, Joseph Daudu, SAN, filed the suit dated July 14 but filed July 15.

They had sued the Central Bank of Nigeria (CBN), Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF) as 1st to 4th defendants, respectively.

Also joined in the suit are Fubara, Rivers A-G, RSIEC, Rivers CJ, Chairman of RSIEC and Rivers government as 5th to 10 defendants.

In the motion on notice brought under 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.

They sought 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 the defendants, or held by the said defendants for the benefit of Rivers State or Rivers State Government or in any.

NAN reports that the two rulings, which were delivered on July 17 in the judge’s chamber, were obtained on Sunday in Abuja by NAN.

The Martin Amaewhule-led Rivers Assembly had, on July 15, suspended all expenditures of Rivers Governor Siminalayi 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.

Rivers 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 Gov. Fubara’s administration. (NAN)