The Appeal Court has overturned a Federal High Court judgment that barred federal agencies from allowing Rivers State access it’s monthly statutory allocation from federation account.
Delivered judgement on the consolidated appeals brought by Rivers State government Justice Hamman Barka, declared that the lower court lacked jurisdiction to entertain the suit filed by Martin Amaewhule and his committee of friends.
Justice Barka emphasized that merely naming federal agencies in a suit does not grant the Federal High Court blanket jurisdiction. He further stated that issues surrounding a state’s appropriation should never have been entertained by the court.
The Appeal Court Abuja has set aside all orders restraining the central bank of Nigeria and the Accountant General of the Federation, from releasing funds to the Rivers State Government.
The court held that the subject matter was not within the jurisdiction of the Federal High Court relating to the revenue of the state.
While allowing the appeal of the rivers state government, the appellate court also set aside all the orders made by Justice Joyce Abdulmalik, stating that it was unconstitutional for her to make orders restricting Rivers state government to receive funds due to the state from its consolidated revenue fund.
The appellate court held that the lower court over reached itself and didn’t have the jurisdiction to entertain the matter