Federal High Court Refuses to Stop Gov Fubara from Spending Rivers Funds

The  Federal High Court in Abuja has denied an injunction that sought to freeze the expenditures of Governor Siminalayi Fubara of Rivers State. The suit was initiated by a faction of the Rivers House of Assembly led by Martin Amaewhule, which is aligned with Nyesom Wike, the current FCT Minister and former governor of Rivers State.

The conflict arises from a power struggle between Mr. Fubara and his predecessor, Wike, over the political control of Rivers State. The plaintiffs, represented by Senior Advocate of Nigeria Sebastien Hon, had requested an ex-parte motion to halt all spending by the governor pending the resolution of their substantive suit.

Justice Emeka Nwite ruled against the motion to freeze the funds, emphasizing the need for due process. The judge did, however, permit the plaintiffs to serve certain defendants through substituted means, specifically by publishing the legal notices in the Nation Newspapers.

The court’s order allows the plaintiffs to notify the 5th to 10th defendants, including Governor Fubara, the Accountant-General of Rivers State, the Rivers Independent Electoral Commission (RSIEC), its Chairperson Adolphus Enebeli, and the Chief Judge of Rivers State, Justice S.C. Amadi, among others.

The case is adjourned to August 7 for further hearing. The initial suit, filed on July 15 by the Rivers House of Assembly and its leader, Joseph Daudu, SAN, names the Central Bank of Nigeria, Zenith Bank Plc, Access Bank Plc, and the Accountant-General of the Federation as the 1st to 4th defendants.

The plaintiffs seek an interlocutory injunction to prevent these banks and financial institutions from processing any transactions or instructions issued by Governor Fubara that would involve the state’s funds. The assembly had earlier suspended all expenditures by the governor until he re-presents his budget, which they claim has expired, giving him a seven-day ultimatum.