Court Rejects Fubara’s Request in Suit Against Fund Allocation to Rivers LGAs

A Federal High Court in Abuja has rejected the request by the Rivers State Government to halt proceedings in a lawsuit aimed at stopping fund allocation to Local Government Areas (LGAs) in Rivers State.

The development is the latest in the ongoing political crisis in the state, which has resulted in factions within the state legislature.

Governor Siminalayi Fubara is facing opposition from a faction led by Martin Amaewhule, backed by former governor Nyesom Wike, while another faction supports Fubara, led by Victor Oko-Jumbo.

On Friday, Justice Joyce Abdulmalik deemed the stay application filed by Rivers State’s lawyer, Gordy Uche (SAN), as “frivolous, vexatious, unwarranted, and mischievous.”

This ruling was made during proceedings in the suit CA/ABJ/CV/1197/2024, filed by the faction of the Rivers State House of Assembly led by Amaewhule.

It should be recalled that the faction initially sought an interlocutory injunction to prevent the CBN, commercial banks, and the Attorney General of the Federation from honouring financial instructions issued by Governor Fubara regarding state funds.

On August 6, however, the assembly, led by Oko Jumbo submitted a notice of change of counsel. The assembly argued that Mr Amaewhule was not the legitimate speaker, as his seat had been declared vacant on December 13, 2023, following his defection from the PDP to the APC. Consequently, they stated he was not authorized to file the suit and opted to replace their legal representation with S. A. Somiari, SAN.

The judge, Ms. Abdulmalik, dismissed the application for a change of counsel, as well as oral requests from defense attorneys, including Femi Falana, who sought an adjournment to review the newly received documents. Mr. Falana explained that he had received the documents just moments before the proceedings and required additional time to respond.

The Rivers State government had earlier objected to holding the hearing in Abuja, but the court denied this request, prompting the state to seek intervention from the Court of Appeal. They filed an appeal (CA/ABJ/CV/1197/2024) and requested a stay of proceedings in the Federal High Court pending the appeal’s outcome.

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