Falana hails Appeal Court for overturning CBN fund blockade on Rivers

Senior Advocate of Nigeria, Femi Falana, has applauded the Court of Appeal’s ruling that overturned an earlier order restraining the Central Bank of Nigeria (CBN) from releasing funds to the Rivers State government.

The appellate court, in a landmark decision delivered on Friday, affirmed that the Federal High Court lacked jurisdiction over the matter.

The three-member panel of the Court of Appeal, led by Justice Hamman Barka, set aside the controversial October 30 ruling by Justice Joyce Abdulmalik of the Federal High Court, Abuja.

Justice Abdulmalik’s order had directed the CBN and the Accountant-General of the Federation to withhold funds allocated to the Rivers State government from the consolidated account.

In its judgment, the appellate court ruled that the lower court erred in handling a matter that concerned the internal affairs of Rivers State, emphasizing that such issues fall outside the Federal High Court’s jurisdiction.

Speaking on Politics Today, a Channels Television program, Falana described the Court of Appeal’s ruling—as well as its earlier decision validating the Rivers State local government elections—as critical to upholding federalism as enshrined in Nigeria’s Constitution.

“The Court of Appeal’s decision to validate the local government election conducted by the Rivers State Electoral Commission, and now the ruling that set aside the order seizing Rivers State statutory allocations, are both in line with the tenets of federalism,” Falana stated.

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He criticized the misinterpretation of jurisdiction by the Federal High Court, adding that merely joining federal agencies or officials in a case does not grant the court authority over state-level issues.

“The Court of Appeal is clear: issues relating to state revenue, local government elections, or the internal affairs of a state government cannot be adjudicated by the Federal High Court simply because federal agencies are joined as parties,” he explained.

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Falana expressed confidence that the appellate court’s decisions would strengthen federalism and prevent undue interference in state governance.

“I am convinced that both rulings delivered by the Court of Appeal will go a long way to reinforce the basic tenets of federalism in this country,” he added.

The ruling clears the way for Governor Siminalayi Fubara’s administration to access statutory allocations previously withheld due to the Federal High Court’s order.

It also reinforces the principle that state matters, particularly those involving local elections or revenue, must be handled within state courts.

The judgment marks a significant victory for Rivers State amid ongoing political and legal disputes, while setting a precedent for similar cases involving the jurisdiction of federal and state courts.