Politics

Court denies bid to stop Fubara from spending state fund

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Court declined to approve the motion to prohibit Siminalayi Fubara from accessing the state’s consolidated revenue fund.Justice Nwite's ruling permits Fubara to continue using the state's revenue. Photo Credit: BBC
  • The legislators declared a complete suspension of the state expenditures, issuing an ultimatum 
  • The lawmakers issue a bid to stop the Governor from spending the state fund upon the expiration of the deadline
  • Nigerians react to the recent development 

The Federal High Court in Abuja on Monday, July 22 declined to approve the motion to prohibit Governor Siminalayi Fubara of Rivers State from accessing the state’s consolidated revenue fund.

The motion, identified as FHC/ABJ/CS/984/24, was presented to the court through an ex parte application. Nevertheless, Justice James Nwite, overseeing the case, declined to approve the request without hearing from the governor and other defendants implicated.

Justice Nwite ruled that the Motion on Notice be served to the 5th to 10th defendants by substituted means.

The judge stated, “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”.

Subsequently, the judge adjourned the matter to August 7 for the hearing of the Motion on Notice.

The ongoing conflict between Governor Fubara and his predecessor, Nyesom Wike, who currently serves as the FCT Minister, continues to create political unrest in the state.

Lawsuit pursued by fraction of state assembly 

Emphasising the importance of due process, he instructed the plaintiffs to ensure Governor Fubara and the other defendants were informed about the lawsuit.

The lawsuit was brought by the faction of the Rivers State House of Assembly that backs former governor Nyesom Wike.

Defendants in the lawsuit 

The defendants in the lawsuit are the Chief Judge of Rivers State Justice S.C. Amadi, the Rivers State Independent Electoral Commission (RSIEC), RSIEC Chairperson Adolphus Enebeli, Governor Fubara of Rivers State, the Central Bank of Nigeria, Access Bank PLC, Zenith Bank Plc, the Accountant General of the Federation, Rivers State's Accountant-General, and the Rivers State Government.

Joseph Daudu (SAN), representing the pro-Wike lawmakers, requested the court to authorize substituted service of court papers on the defendants, which the judge granted. 

Backstory 

Recall that Martin Amaewhule, the factional Speaker of the Rivers State House of Assembly that supports Federal Capital Territory Minister Nyesom Wike, declared a complete suspension of the state expenditures on 15 July. 

The Assembly has made a decision that Governor Fubara is not permitted to approve or authorize expenditures from the state's consolidated revenue fund, and ministries are likewise restricted from using public funds until the 2024 budget is presented.

The legislators issued a deadline of seven days for the governor to re-submit his budget, claiming it has expired. 

Following this, a bid to stop the Governor from spending the state fund was issued. 

There has been a public reaction from Nigerians regarding the recent developments.

Netizens react to the lawsuit against Fubara

TheRadar compiled the reactions of people to the lawsuit below:

“4yrs una go finish Rivers money in court, no development,” Mcreign stated. 

“The only thing they are fighting for is money and nothing else, funny people,” Evans Ike commented. 

“No be say them dey fight for better Rivers State ooo. Criminals in suits,” Nigerian added.

“These guys no dey tire make them go meet nebu for Abuja now,” OG stated. 

“Their garri finished the day the join PDAPC, na to lick soup remain. Congratulations to @SimFubaraKSC and the good people of Rivers State,” Godson Nwosu Loveday tweeted. 

“Ode‼️ Fubara will be impeached, it's just a matter of time,” Ifeatu added. 

Following the Supreme Court ruling, some states have set date for LG elections  

Meanwhile, TheRadar earlier reported that some states have started preparations for their Local Government elections.  

This followed the Supreme Court decision prohibiting state governors from handling federal allocations to councils.

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Halima AdeosunAdmin

Halima Adeosun is a news writer with over 5 years of experience reporting insightful events, and human interest stories.

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