Court Reserves Judgement in Suit Seeking Stoppage of Federal Allocations to Rivers

In an ongoing legal battle, Justice Joyce Abdulmalik of the Federal High Court in Abuja has reserved judgment in a case aimed at halting the monthly federal allocations to Rivers State. The decision to postpone the judgment came after all parties involved presented their arguments regarding a summons filed by a faction of the Rivers State House of Assembly, led by Rt. Hon. Martin Amaewhule.

The plaintiffs’ argument is rooted in the assertion that the Rivers State Executive has failed to adhere to a previous Federal High Court order, which mandated that the 2024 Appropriation Bill be presented to the Amaewhule-led faction. Earlier this year, Justice James Omotosho criticized Governor Siminalayi Fubara for presenting the state appropriation to the four-member Assembly led by Rt. Hon. Edison Ehie. This division in the assembly emerged after 27 members, led by Amaewhule, reportedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The state government subsequently contested the legitimacy of Amaewhule and his group, claiming they were no longer recognized as state legislators, thereby disqualifying them from receiving the 2024 appropriation approved by the Ehie faction.

Frustrated with these developments and the non-compliance with Justice Omotosho’s ruling—recently upheld by the Court of Appeal—the Amaewhule faction, reportedly loyal to Federal Capital Territory Minister Nyesom Wike, sought legal intervention to suspend the federal allocations to the state until the court’s judgment is respected. In defending itself, the Central Bank of Nigeria (CBN), listed as the first defendant, characterized the suit as frivolous and requested its dismissal.

During the proceedings, Justice Abdulmalik denied allegations of bias after the Accountant General of Rivers State filed a motion suggesting she was prejudiced against him and other defendants. The Accountant General, represented by Tuturu Edem, SAN, contended that the judge’s handling of the case was unusual and unfounded. The CBN and other defendants supported this stance.

Despite these claims, Justice Abdulmalik maintained her position, refusing to recuse herself or transfer the case to the Federal High Court in Port Harcourt. She clarified that the federal high court’s jurisdiction spans the entire country, and the Chief Judge has the authority to assign cases as deemed appropriate. She ordered that the hearing would proceed, and after all sides had presented their arguments, she announced that a judgment would be reserved for a date to be communicated to the parties involved.