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.
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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.
