Rivers Federation Allocation: Gov Fubara Wins as Appeal Court Sets Aside High Court Ruling

The Court of Appeal, sitting in the Federal Capital Territory, FCT, Abuja, on Friday, set aside the judgement of a Federal High Court, which ordered the stoppage of the monthly Federation Allocation to Rivers state.

The court ruled that the Federal High Court lacked jurisdiction over the matter, noting is not within the jurisdiction of federal courts.

While upholding the argument of Rivers state as presented by the its counsel, Chief Chris Uche, the three-man overruled the verdict of the lower court in a 2 to 1split decision.

The court insisted that the fact that federal agencies were joined as parties in the matter did not provide any sufficient ground to confer the court with unfettered jurisdiction to hear the case.

The Justice Hamma Barka-led panel averred that since the subject matter of the legal dispute bordered on the budget appropriation of a state, the Federal High Court in Abuja was not the appropriate venue for such matter to be ventilated.

Arising from that, the court upheld six separate appeals the aggrieved parties lodged to set-aside the high court judgement.

But while giving her dissenting judgement, Justice Adebukola Banjoko, affirmed the order of the high court.

The appeal, marked CA/ABJ/CV/1277/24, CA/ABJ/CV/1196/24, CA/ABJ/CV/1287/24, CA/ABJ/CV/1293/24 and CA/ABJ/CV/1360/2024, was decided on Monday.

In addition to the state governor, Siminalayi Fubara, other appellants in the case include the Rivers State Government, the Accountant-General of the state and Zenith Bank Plc.