A Federal High Court (FHC) in Abuja has refused to halt all expenditures by Governor Siminalayi Fubara of Rivers State 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, instead ordered the plaintiffs to put all the defendants in the suit on notice.
However, Justice Nwite 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.
Justice Nwite adjourned the matter until August 7 for hearing of the motion on notice.
The Rivers State House of Assembly and Right Honourable Martin Amaewhule (1st and 2nd plaintiffs), through their lead counsel, Joseph Daudu, SAN, filed the suit dated July 14 but submitted on 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, the Rivers A-G, RSIEC, the Rivers CJ, the Chairman of RSIEC, and the Rivers government as 5th to 10th defendants.
In the motion on notice brought pursuant to 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 honoring any request, command, order, 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 the Rivers State Government in the custody of the said defendants, or held by the said defendants for the benefit of Rivers State or the Rivers State Government.
The two rulings, which were delivered on July 17 in the judge’s chamber, were obtained on Sunday in Abuja.
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 Governor Fubara’s administration. NAN
Subscribe to National Updates for more News
