Court declines to bar Fubara from spending state funds

The Federal High Court in Abuja, on Monday, declined to grant a motion to stop the Governor of Rivers State, Siminalayi Fubara, from spending from the state’s consolidated revenue fund.

Rather than grant the motion ex parte marked FHC/ABJ/CS/984/24, Justice James Nwite asked the plaintiffs to put Fubara and other defendants in the suit on notice.

The suit was filed by the faction of the Rivers State House of Assembly loyal to ex-governor Nyesom Wike.

The factional Assembly, led by Martin Amaewhule, had during its plenary on July 15, resolved to bar Fubara from spending from the Rivers State consolidated account following his refusal to present the 2024 budget afresh.

The 25 pro-Wike lawmakers had at their previous sitting given Fubara a seven-day ultimatum to present the budget, threatening to take action against him if he refused.

Fubara, however, said he would not present afresh the N800bn budget already passed in January by the factional Assembly loyal to him.

He described the pro-Wike lawmakers as illegitimate, saying they had lost their seats as legislators following their defection from the Peoples Democratic Party to the All Progressives Congress.

The pro-Fubara factional Assembly, led by Victor Oko-Jumbo, also countered the call by the pro-Wike lawmakers on Fubara not to spend state funds.

Oko-Jumbo insisted that his faction of the Assembly was the legitimate Assembly and called on the Independent National Electoral Commission to conduct by-elections to replace the pro-Wike lawmakers.

In his ruling on Monday, Justice Nwite said he would not stop Fubara from spending the state’s revenue.

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

The pro-Wike lawmakers, through their lawyer, Joseph Daudu (SAN), also prayed the court to order substituted service of court papers on the defendants, a prayer the judge granted.

Justice Nwite, in his ruling, ordered that the Motion on Notice be served on the 5th to 10th defendants by substituted means.

He said, “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.”

The judge subsequently adjourned the matter till August 7 for the hearing of the Motion on Notice.

Meanwhile, the pro-Wike lawmakers, on Monday, demanded the arrest of the caretakers appointed by Fubara to run the 18 local government areas of the state.

The pro-Wike lawmakers made the resolution at their sitting on Monday.

They declared that the use of caretakers to run LG was a violation of the recent Supreme Court judgment upholding LG autonomy.

The resolution of the lawmakers was contained in a statement on Monday by the Speaker’s media aide, Martins Wachukwu.

According to the statement, the resolution followed a motion moved by the House Leader, Major Jack, and deliberated by members.

They described the LG caretakers as impostors and entities unknown to the law.

The statement reads, “The Rivers State House of Assembly at its 7th Legislative Sitting of the Second Session of the 10th Assembly, Monday, deliberated on a statement by the House Leader, Hon. Major Jack, wherein he drew the attention of the House to the illegal activities of some persons in the state, masquerading as Chairmen and members of Caretaker Committees.

“These individuals, the Leader said, go about imposing and collecting fees, levies and rates  from unsuspecting members of the public, in breach of the recent Supreme Court judgement, and the provisions of the Rivers State Local Government (Amendment)Law, 2023 that prohibit Caretaker Committees in whatever guise or nomenclature.”

The Speaker, Amaewhule, in his contribution, said it was worrisome that ‘these individuals not known to the law go to the banks and withdraw money meant for the Local Government Councils’ for wanton squandering in the name of non-existing Caretaker committees.”

Amaewhule urged the police and other security agencies to swing into action and arrest the impostors to avoid a breakdown of law and order in the state.

He said the House would not fold its arms and condone the “crass disregard for the laws of the state and the judgment of the Supreme Court of the land by some impostors.”