A Senior Advocate of Nigeria (SAN), Mohammed Ndarani, has commented on the recent ruling by the Federal High Court in Abuja......See Full Story>>.....See Full Story>>
Legit reported that in a judgement delivered by Justice Joyce Abdulmalik, the High Court temporarily halted financial allocations to Rivers state.
The followed a lawsuit filed by the Rivers House of Assembly and Martins Amaewhule, seeking to prevent the Central Bank of Nigeria from disbursing funds to the state, Vanguard reported.
Emphasizing the serious implications of the court’s decision, Ndarani on Thursday, October 31, in Abuja, stated:
“This ruling underscores that Rivers state has been living on borrowed time financially.”
What are the implications of the judgment?
Governor Siminalayi Fubara had earlier proposed an N800 billion budget for 2024, presented to only four out of 31 members of the House, which the Court of Appeal deemed a severe violation of constitutional provisions.
Speaking still, Ndarani asserted:
“For those who understand constitutional democracy, Justice Abdulmalik’s ruling should not be surprising.
“A state cannot operate effectively without its legislative branch, which is essential for maintaining checks and balances.”
Ndarani speaks on legal violations, accountability
Ndarani stressed that governors lack the legal authority to utilize public funds without legislative approval, warning that such actions could be considered unconstitutional under Section 120 of the Nigerian Constitution and may even lead to impeachment under Section 188, The Punch reported.
He stated:
“Unauthorised spending could expose a governor to allegations of misappropriation.”
He further pointed out that the oversight role of the House of Assembly is crucial in ensuring accountability and preventing the misuse of state funds.
“Without legislative oversight, the executive risks eroding democratic principles and the rule of law,” he cautioned.
Ndarani highlighted the constitutional requirement for legislative authorization of state fund withdrawals, indicating that any deviation from this process signifies a grave governance failure.
“Failure to adhere to these constitutional provisions endangers the very fabric of our democracy,” he concluded.
Fubara told to refund ‘illegally spent funds’
Earlier, Legit reported that the National Democratic and Change Coalition (NDCC) reacted to the judgement of the Federal High Court preventing the Central Bank of Nigeria (CBN) from further disbursing monthly allocations to the Rivers State Government.
The coalition’s president, John Uloko, in a statement cited by Legit.ng on Thursday, October 32, demanded that Governor Fubara return any funds disbursed and spent without proper legislative appropriation.