The Federal High Court (FHC) in Abuja has declined to shut down all expenditures of Governor Siminalay Fubara of Rivers State pending the hearing and determination of a substantive suit filed by the Martin Amaewhule-led Rivers State House of Assembly.
Instead, Justice Emeka Nwite, in a ruling on the motion ex-parte marked: FHC/ABJ/CS/984/24, ordered the plaintiffs to put all the defendants in the suit on notice.
The Rivers State House of Assembly and Right Honourable Martin Amaewhule Martin Amaewhule-led (1st and 2nd plaintiffs) had filed the suit dated July 14 through their lead counsel, Joseph Daudu, SAN. The suit named the Central Bank of Nigeria (CBN), Zenith Bank Plc, Access Bank Plc, and the Accountant-General of the Federation (AGF) as the 1st to 4th defendants, respectively. Governor Fubara, the Accountant-General of Rivers State, the Rivers Independent Electoral Commission (RSIEC), the Chief Judge of Rivers State, Hon. Justice S.C. Amadi, the Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.), and the Government of Rivers State were also joined as the 5th to 10th defendants.
The plaintiffs sought an order of interlocutory injunction restraining the 1st to 4th defendants from honoring any request, command, order, or mandate issued by the 5th defendant (Governor Fubara) or deriving from his authority, concerning the funds or revenue of Rivers State or the Rivers State Government in the custody of the said defendants.
While Justice Nwite did not grant the plaintiffs’ request to shut down the governor’s expenditures, he did grant another motion ex-parte allowing the plaintiffs to serve the 5th to 10th defendants with the originating process and other applications in the matter by substituted means, specifically by publishing them in the Nation Newspapers.
The court adjourned the matter until August 7 for hearing of the motion on notice.
This development comes after the Martin Amaewhule-led Rivers State House of Assembly, on July 15, 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. Following consideration, the assembly decided to shut down the Rivers State Consolidated Revenue Account, prohibiting any expenditure by Gov. Fubara’s administration.
Credit: The Nigeria Lawyer