Rivers State Governor, Siminalayi Fubara, can heave a sigh of relief as the Abuja division of Appeal Court has nullified the judgement that restrained the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing allocation to the oil-rich state.

Recall that Justice Joyce Abdulmalik of the Federal High Court in Abuja, in a ruling on October 30, stopped the apex bank from further releasing monthly financial allocation to the Rivers government.

The judge held that the presentation of the 2024 budget by Fubara before an illegitimate Rivers House of Assembly constituted an affront to the Constitutional provision.

“Appropriation Bill for January to December 2024, being operated by the 5th defendant (Fubara), having not been charged by the lawful House of Assembly, is illegal, unlawful and subversion of the 1999 Constitution.

“It is mandatory to present the appropriation bills before the appropriate Houses of Assembly before legitimate disbursement and withdrawal can be made,” Justice Abdulmalik ruled.

However, ruling on the appeal filed by the Rivers government, a three-member panel led by Justice Hamman Barka, held that the Federal High Court lacked the jurisdiction to entertain the suit seeking to seize Rivers allocation.

While granting the request of the Rivers State government, the appellate court set aside all the orders made by Justice Abdulmalik on the ground that it was unconstitutional for her to order the restriction of funds to Rivers due to the state from its consolidated revenue fund.

The upper court stressed that mere listing of federal agencies doesn't confer unrestricted jurisdiction on the federal high court, therefore the subject matter being an appropriation issue of a state, shouldn't have been entertained.

The appellate court concluded that the lower court overreached itself and didn’t have the jurisdiction to entertain the matter.