- Governor Fubara’s presentation of the 2024 budget to a four-member House of Assembly breached constitutional protocol
As reactions to the Federal High Court of Abuja’s decision on the Rivers State fund continue, the National Democratic and Change Coalition (NDCC) has urged Governor Siminalayi Fubara to refund all funds spent without appropriation to the government coffers.
On Wednesday, the Coalition praised Justice Abdulmalik for ruling that Rivers State had received and spent allocations based on a “illegitimate” budget since January 2024, describing it as a “constitutional aberration.”
While expressing satisfaction with the ruling, it stated that the people of Rivers have been vindicated, and the Governor has received long-awaited justice.
Recall that, a Federal High Court in Abuja, on Wednesday, barred the Central Bank of Nigeria, (CBN), from disbursing further monthly allocations to the Rivers State Government, citing alleged constitutional violations by Governor Fubara.
In her ruling, Justice Joyce Abdulmalik found that Governor Fubara’s presentation of the 2024 budget to a four-member House of Assembly breached constitutional protocol.
The court order further restricts the CBN, the Accountant General of the Federation, and the state’s accounts at Zenith Bank and Access Bank from releasing any funds to Fubara.
The statement said, “the NDCC, made up of a group of lawyers, has always been of the view that what is going on in Rivers State is a theatre of the absurd that persistently violates the constitution, stands logic on its head and even defies mathematical reasoning to the extent that four members were allowed to constitute themselves into a House of Assembly that is meant to have 32 members.
“We, therefore, commend Justice Joyce Abdulmalik of the Federal High Court in Abuja for holding that Governor Siminalayi Fubara’s presentation of the 2024 budget before a four-member Rivers House of Assembly was an affront to the constitutional provision.
“This ruling is a victory for democracy and will teach rogue governors the bitter lesson that the Constitution of the Federal Republic must be respected and the sanctity of our democratic institutions upheld irrespective of their political desperation. Operating an illegal State Assembly of four men by any Governor is something everyone should condemn in totality and welcome the court’s judgment.
“In the wake of this judgement, NDCC urges Governor Fubara to immediately reverse all his decisions and actions based on the illegitimate Assembly since they all suffer the same defect as the budget the court threw out.
“The Governor must also strongly consider refunding all the Rivers States’ funds illegally expended from January to date.
“We further advise Governor Fubara to urgently do the needful by resubmitting the state’s budget to the legitimate Rivers State House of Assembly for due process to be followed so that governance is not truncated and the people plunged into more misery than they have already endured from the Governor being absorbed in his political sabre-rattling.”