‘Nigerians are losing confidence in judiciary’ — Atiku faults order halting financial allocation to Rivers

Former Vice President Atiku Abubakar has faulted the court order barring financial allocation to Rivers state.

On Wednesday, a federal high court in Abuja restrained the Central Bank of Nigeria (CBN) from further disbursing financial allocations to the Rivers state government.

Joyce Abdulmalik, the presiding judge, ruled that funds from the federation account should not be released to the state pending the passage of a lawful appropriation act by a validly constituted house of assembly.

The suit was filed by Martins Amaewhule-led Rivers state house of assembly.

Abdulmalik held that Siminalayi Fubara, the Rivers state governor, erred in presenting the 2024 Appropriation Bill to a “not properly constituted” five-member assembly.

Reacting in a statement on Wednesday by Paul Ibe, his media adviser, Abubakar warned that the judiciary’s actions could “destabilise” Rivers state.

He said it was appalling that “elements loyal to the federal government were pulling strings” from behind.

He questioned Abdulmalik’s decision to issue an injunction while Rivers state’s legal challenge was still underway at the court of appeal.

“Last week the Court of Appeal declared that the Rivers State budget was illegal because it was passed by an inchoate assembly,” the statement reads.

“The court ordered Governor Siminalayi Fubara to present the budget afresh — the Rivers State Government has already filed a notice of appeal so that the Supreme Court can hear the matter.

“However, some elements in the Bola Tinubu administration have procured a judgement intended to undermine the Supreme Court.

“Even before the judgment was delivered, legal luminary, Femi Falana (SAN) had alerted the Chief Justice of the Federal High Court, Justice John Tsoho of possible compromise after house gifts had been presented to judges in Abuja. Sadly, Falana’s warning was ignored.”

Atiku said the country has “descended into the theatre of the absurd” since President Bola Tinubu administration took office.

He added that the “courts play a more ignoble role in fostering political crises within political parties and even in states.”

“From the emirship tussle in Kano State to the Rivers imbroglio where courts are going as far as preventing elections from holding, taking Nigeria back to the dark days of June 12, 1993 where polls were annulled,” he said.

“Sadly, under the leadership of those who claim to have fought for Nigeria’s democracy, the country is descending into chaos with conflicting orders from courts of coordinate jurisdiction flying all over the place while judges are being induced in the name of empowerment and provision of houses.

“The result is that Nigerians are gradually losing confidence in an institution which prides itself as the last hope of the common man.

“Foreign investors will avoid any place where judgments can be bought by the highest bidder.

“Nigeria should not descend to the Hobessian state of nature where life is short, nasty and brutish, where citizens opt for self-help. Rivers State accounts for almost 25% of Nigeria’s oil assets.

“For a country facing an economic crisis worsened by vandalism and banditry, Tinubu should put his 2027 ambition aside and put Nigeria’s interest first.”

Atiku, however, commended Kudirat Kekere-Ekun, the chief justice of Nigeria (CJN), for summoning judges handling Rivers state cases.

He asked the CJN to discipline errant judges to restore the judiciary’s integrity.

BACKGROUND

In December 2023, Fubara presented an N800 billion budget estimate to the Edison Ehie-led faction of the house of assembly.

The presentation of the budget titled: ‘Budget of Renewed Hope, Consolidation and Continuity’, took place at the government house.

In July, the Rivers house of assembly and Amaewhule, the factional speaker, instituted the suit marked: FHC/ABJ/CS/984/24 against the CBN and nine others.

The assembly has been polarised following the rift between Fubara and Nyesom Wike, minister of the federal capital territory (FCT).

The Amaewhule-led faction of the legislature is loyal to Wike.

The plaintiffs listed the CBN, Zenith Bank Plc, Access Bank Plc, and the accountant-general of the federation (AGF) as first to fourth defendants.

Fubara, accountant-general (AG) of Rivers state, Rivers Independent Electoral Commission (RSIEC), chief judge (CJ) of Rivers, chairman of RSIEC, and government of Rivers state were listed as fifth to tenth defendants.

The Amaewhule faction of the assembly sought an order of interlocutory injunction restraining the CBN, the commercial banks, and the AGF from honouring any financial instruction from Fubara.

The court had dismissed all the objections raised by the defendants.

Delivering the verdict, the judge held that Fubara’s decision to implement an “unlawful budget” was a gross violation of the 1999 Constitution he swore to protect.

The judge, therefore, restrained CBN, accountant-general of the federation, Zenith Bank and Access Bank from further allowing Fubara access money from the consolidated revenue and federation account.