Popular SAN reacts as court stops financial allocation to Rivers state, details emerge

• Senior Advocate of Nigeria, Mohammed Ndarani, said Rivers State was “living on borrowed time” financially after the Federal High Court stopped the allocations.
• Ndarani slammed Governor Siminalayi Fubara’s budget proposal of N800 billion for just four members of the House as a gross violation of the constitution
• Ndarani emphasized the crucial oversight role of the House of Assembly in ensuring accountability

A Senior Advocate of Nigeria (SAN), Mohammed Ndarani, commented on the recent decision of the Federal High Court in Abuja.

Legit.ng reported that, in a ruling by Justice Joyce Abdulmalik, the High Court temporarily halted financial allocations for Rivers State.

This, however, comes in response to 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.

Underscoring the serious implications of the court’s decision, Ndarani on Thursday, October 31, in Abujastated:

“This judgment underlines that Rivers State has been living on financial borrowed time.”

What are the implications of the sentence?

Governor Siminalayi Fubara had earlier proposed a budget of N800 billion for 2024 presented by only four out of 31 members of the House, which the Court of Appeal found to be a serious violation of constitutional provisions.

Speaking further, Ndarani stated:

“For those who understand constitutional democracy, Justice Abdulmalik’s decision should not come as a surprise.

“A state cannot function effectively without its legislative branch, which is essential to maintaining checks and balances.”

Ndarani talks about violations of the law, responsibility

Ndarani pointed out that governors lacked the legal authority to use public funds without legislative approval, warning that such actions could be considered disrespectful.constitutional under Section 120 of the Nigerian Constitution and may even lead to impeachment under Section 188.

He stated:

“Unauthorized spending could expose a governor to embezzlement charges.”

He also emphasized that the oversight role of the House of Assembly is crucial in ensuring accountability and preventing misuse of state funds.

“Without legislative oversight, the executive risks eroding democratic principles and the rule of law,” he warned.

Ndarani stressed the constitutional requirement for legislative authorization of withdrawals of state funds, indicating that any deviation from this process amounts to a serious failure of governance.

“Failure to comply with these constitutional provisions endangers the very fabric of our democracy,” he concluded.

Rivers ruling: Fubara told to repay ‘unlawfully spent funds’

earlier, Legit.ng reported that The National Coalition for Democracy and Change (NDCC) has reacted to the recent ruling of the Federal High Court, preventing the Central Bank of Nigeria (CBN) from the subsequent allocation of monthly allocations to the Rivers State Government.

The chairman of the coalition, John Uloko, in a statement quoted by Legit.ng on Thursday, October 32, called on Governor Fubara to return any funds paid and spent without proper legislative appropriation.

Source: Legit.ng