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EXPLAINER: Lawyer gives details of court verdict barring CBN from allocating funds to Rivers govt(Video)

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Counsel to the Rivers State authentic lawmakers, James Onoja, SAN has vividly explained the federal high court verdict that barred CBN from allocating funds to Rivers State government.

Onoja in a chat with journalists said’ “One must commend the court for the time and industry put in this judgment, in spite of all the sentiments, in spite of all the intimidations, in spite of all the volley of voices challenging whether the court should go ahead or not, the court delivered its judgment.

“This is a judgment that touches on the constitutional powers of the court and on the extant provisions of the constitution.

“The issues are very clear, let us explain it in a very clear terms; sections 120, 121, 122 and 123 of the constitution clearly stipulated what should be done before the state can spend money, state expenditure.

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“And it is clear there that no money shall be appropriated without an appropriation bill being passed by the House of Assembly.

“It is very clear from the judgment of Omotosho which was confirmed by the Court of Appeal that the budget was not properly passed and in a situation like that, if it is not passed within six months, a state is not supposed to collect revenue from the consolidated funds.

He further explained: “That is the issue of law here, that is the extant provisions of the law and that is what the court has confirmed that the Rivers State government has not complied with the requirements of the constitution on appropriation of bills for expenditures and all the things that they need to do in the state government. It is a very clear judgment.

“And then also looking at all the other judgments that has been passed in respect of Rivers State government, it is clear from this judgment which also relies on the judgment of the Court of Appeal that the state government is in violation of the extant provisions of the constitution relating to expenditure and passing of the bill for expenditure.

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A further look into the case clearly showed that there’s no basis for comparing what happened during the reign of Governor Bola Tinubu.

Tinubu had created extra local governments and the then President Olusegun Obasanjo unilaterally stop tĥè release of LG funds to the state insisting that he reverts to the constitutionally recognised LGAs.

Lagos state approached the courts anð and the court held that President Obasanjo has no right to stop LGA allocations.

In the case of Rivers State, the governor has been spending public funds without an Appropriation Act for 11 months.

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APC challenged the State government thàt same was unconstitutional and the court agreed that it was unconstitutional to spend without appropriation. The State government was ordered to go and do the right thing by presenting the budget before the proper assembly, pending which the Governor is restrained from further expenditure until he obeys.

Doing the right thing simply means you have to go back to the State Assembly to seek approval or you shut down government.

Its worthy to notè thàt this same Governor like President Obasanjo unilaterally seized 21 LGAs monthly allocation for five months and has stopped paying state assembly service còmmission staff and the 27 members and their aides for 12 months, since the crisis started.

The judgement is the law in a democratic society. The 27 Member Assembly is authentic until the Federal High Court and court of appeal judgments are set aside by the supreme Court.

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No going back on forex, subsidy reforms – Finance minister

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The Minister of Finance and Coordinating Minister of the Economy, Wale Edun, says there is no going back on the current administration’s reforms in the forex and oil and gas sectors.

Edun made this known when he received the newly assigned Minister of State for Finance, Doris Uzoka Anitez at the Ministry’s headquarters, on Monday.

“Nigeria now have a foreign exchange rate that is market based and also a deregulated oil market pricing which are two reforms that are long overdue over many decades that President Tinubu is currently implementing.

“Therefore as co-ordinating minister of economy, we stand on a threshold of a new dawn to implement these reforms and increase productivity, create jobs and reducing poverty and we are glad to have a minister of state that will help in actualizing the President’s reforms,” he said.

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According to him, consultation and collaboration is key to achieving these key reforms both from public and private sector, stressing that ongoing economic policies are showing sustainability and sign of success.

The Minister of State for Finance, in her response, restated her commitment to work with stakeholders in both private and public sectors to ensure economic growth is materialized.

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Rivers: Fubara fond of disobeying judgements, – Amaewhule-led Assembly

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The Martins Amaewhule-led House of Assembly in Rivers State said Governor Siminialayi Fubara has a penchant to disobey courts’ judgements and constitutional provisions.

This is as the lawmakers also vowed to make Fubara’s appointees and permanent secretaries aiding him to circumvent the law have their date with the law.

They stated this during their 65th sitting on Monday in the legislative quarters.

In a statement by Martin’s Wachukwu, Special Assistant on Media to the Speaker, Martins Amaewhule, said the lawmakers reviewed the governor’s actions while deliberating on the recent judgement of the Federal High Court, Abuja Division.

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The state legistators comnended the verdict of Justice J.O. Abdulmalik barring government from withdrawing from the Consolidated Revenue Fund of the State, until the 2024 Appropriation Bill is presented before a properly constituted Assembly describing it as a sound and well considered ruling.

The statement also pointed out that the Assembly on 15th July, 2024 deliberated and resolved on the continuous refusal of Fubara to present the 2024 Rivers State Appropriation Bill to the House.

The lawmakers then took the decision to write to the governor to shut down on expenditure pursuant to Section 122 of the 1999 Constitution.

Enabled by its resolution, the House and Amaewhule filed an action before the Federal High Court to determine whether Fubara could expend or continue to expend from the Consolidated Revenue Fund of the State without a valid 2024 Appropriation Law by the State House of Assembly.

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The lawmakers prayed the court to invoke the consequences of such constitutional breach by ordering the Central Bank of Nigeria, the Accountant- General of the Federation, some Money Deposit Banks among other defendants to stop the release of moneys or permit the withdrawal of Rivers State funds until Fubara complied with the Constitution which he swore to uphold; and the court decided in favour of the House and the Speaker.

Commenting on the judgement, Amaewhule said, “Since 1st of July, 2024, Governor Fubara has been spending moneys of the State without approval hence the declaration of the shutdown of expenditure.

“Yet, the Governor in his characteristic manner of disobeying judgements of Courts, the Constitution of the Federal Republic of Nigeria and extant laws has continued to circumvent the Law with the aid of Permanent Secretaries, and some individuals who parade themselves as Commissioners. They will certainly have a date with the Law”.

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NAF Airstrikes neutralize ISWAP commander, dozens of others

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The Nigerian Airforce says its airstrike has neutralized 50 terrorists, including a high-ranking ISWAP commander known as Bashir Dauda, during an operation in Marte Local Government

Air Commodore Olusola F Akinboyewa, Director, Public Relations and Information, Headquarters, Nigerian Air Force, in a statement on Monday night said the precision strikes focused on known ISWAP strongholds in the villages of Tumbun Daribiyar, Jubularam, Buluwa, and Tumbu Karfe, marking a major effort in the ongoing fight against terrorism in Nigeria’s Northeast.

It said an on-ground assessment confirmed that “approximately 50 terrorists, including a high-ranking ISWAP commander known as Bashir Dauda, were neutralized in the operation.”

” Additionally, an ISWAP supply depot in the Jubularam enclave, filled with a substantial cache of food and essential items like beans, millet, and rice, was destroyed, effectively severing a critical resource line for the terrorists.

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“These successful air strikes, targeting personnel and logistics, underscore NAF’s ongoing commitment to supporting ground forces and enhancing joint efforts to decimate terrorist strongholds in the region,” he said.

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