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JUDICIARY

Court Bars CBN, AGF, Others from Releasing Allocation to Rivers Government

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The Federal High Court in Abuja, on Wednesday, restrained the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations to Rivers government.

The order also affected the Accountant-General of the Federation (AGF), Zenith Bank and Access Bank where the state government also banks.

Justice Joyce Abdulmalik, in a judgment, held that the receipt and disbursement of monthly allocations since January 2024 by Gov.

Siminalayi Fubara of Rivers is a constitutional somersault and aberration that must not be allowed to continue.

Justice Abdulmalik held that the presentation of the 2024 Budget by Fubara before a 4-member Rivers House of Assembly was an affront to the constitutional provision.

The judge said that Fubara’s action in implementing unlawful budget had smacked gross violations of the 1999 Constitution he swore to protect.

She, consequently, ordered the CBN, AGF, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.

NAN reports that a faction of the Rivers assembly and Mr Martin Amaewhule (the speaker), as the 1st and 2nd plaintiffs, had sued the Central Bank of Nigeria (CBN) and nine others in the suit marked FHC/ABJ/CS/984/24.

The plaintiffs, through their lead counsel, Joseph Daudu, SAN, filed the suit dated 14 July but filed on 15 July.

They listed the CBN, Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF) as the 1st to 4th defendants.

They also joined Gov. Fubara, the Accountant-General of Rivers, Rivers Independent Electoral Commission (RSIEC), Chief Judge of Rivers, Justice S.C. Amadi; the Chairperson of the RSIEC, Adolphus Enebeli, and the Government of Rivers State as the 5th to 10th defendants respectively.

The plaintiffs had sought an order of interlocutory injunction restraining the CBN, the commercial banks, including the AGF from honouring any financial instruction issued by Mr Fubara regarding the state’s funds.

However, the faction of Rivers House of Assembly led by Oko Jumbo challenged the suit and filed a notice of change of counsel on 6 August

The Oko Jumbo-led assembly, loyal to Gov. Fubara, had told the court that Mr Amaewhule was not the lawful speaker of the assembly, since his seat had been declared vacant on 13 December 2023 following his defection from the Peoples Democratic Party to All Progressives Congress.

The faction of the assembly, therefore, told the court that Amaewhule was not authorised to file the instant suit, hence, it had decided to change its counsel.

Justice Abdulmalik, on Friday, dismissed the application for change of counsel after it was moved by Mr Sammie

Somiari, SAN, including other objections raised by the defendants.

Delivering the judgment, Justice Abdulmalik held that the CBN was under obligation to ensure that the right thing was done before money from Consolidated Revenue and Federation Account was released to the beneficiaries.

The judge said that the action of the 4-member House of Assembly being held on to by governor Fubara as yardstick to justify unlawful budget had since been nullified and set aside by the Federal High Court and the Court of Appeal both in Abuja.

She held that the judgment of Rivers High Court which gave power to the governor to implement the 2024 Budget had also been set aside by the Court of Appeal.

“Appropriation Bill for January to December 2024, being operated by the 5th defendant (Fubara), having not been charged by the lawful House of Assembly is illegal  unlawful and subversion of the 1999 Constitution.

” It is mandatory to present the appropriation bills before the appropriate House of Assembly before legitimate disbursement and withdrawal can be made.

‘In the instant case, the 5th defendant (Fubara) has not presented any budgetary appropriation known to law to any legitimate House of Assembly.

“Sections 120 122 and 197 of the Federal Republic of Nigeria have not been complied with.

“It is unwarranted assault to the Constitutional Order for anybody, including the 5th defendant to be allowed or permitted to continue to breach and violate Sections 91 and 96 of the Constitution to implement budget that was not approved by the legislative arm.

” Every individual must subject to the rule of law. Using illegally constituted House of Assembly to disburse public fund must not be allowed,” she declared.

Justice Abdulmalik subsequently issued an order of injunction which restrained CBN, Zenith Bank, Access Bank and the AGF from permitting the withdrawal or use of the funds from the Consolidated Revenue Account and the Federation Account by Rivers Government until the budget of the state is passed by the appropriate house of assembly.

She also issued another order of injunction which restrained Fubara, Accountant General of the state and their agents from authorising the withdrawal of money from the Rivers bank accounts domiciled at Zenith Bank and Access Bank until the budget of the state is passed by the appropriate assembly.

The judge held that the house of assembly under Amaewhule remained the legitimate house of assembly in view of the Federal High Court judgment which nullified and set aside the house of assembly led by Oko Jumbo and was upheld by the Court of Appeal in Abuja.(NAN)

JUDICIARY

Pastor Arraigned over Alleged Rape of Married Woman in Edo

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From Joseph Ebi Kanjo, Benin

A 38-year-old pastor, Simeon Okehielem of the Synagogue Prayers Ministry has been arraigned before an Edo State High Court for allegedly raping a married woman, Isoken Vivian Aigbedo.

The pastor, who was accused of engaging in sexual relationships with married women within his congregation, was docked before the court in Benin City, on Thursday last week.

The charges against Pastor Okehielem followed a year 2022 incident in Uholor Community of Benin City where the cleric allegedly drugged and raped the woman leading to the birth of a child.

Recent DNA results reportedly confirmed the pastor as the biological father of the child, which prompted the Nigerian Police to re-arrest and formally arraign him.

The presiding judge, Justice Erhabor, granted an ex-parte order to remand the suspect at the Benin Correctional Custodial Centre for 14 days, pending legal advice from the Director of Public Prosecution (DPP), Ministry of Justice, Edo State.

The State Prosecutor, P.O. Odion told the court that the alleged offence occurred in February 2022.

Okehielem was slammed with two-count charge on alleged rape and administering a stupefying substance with the intent to commit a felony.

The charge sheet, marked Suit No: BLOD/2323M/2025, reads: “That you, Okehielem Simeon ‘m’, in or about the month of February 2022, in Benin City within the Benin Criminal Division, did rape one Mrs Isoken Vivian Aigbedo and thereby committed an offence contrary to Section 4, punishable under Section 5(1) of the Violence Against Persons (Prohibition) Law, 2021.

“That you, Okehielem Simeon ‘m’, in or about the month of February 2022, in Benin City within the Benin Criminal Division, with intent to commit a felony, administered a substance to stupefy one Mrs Isoken Vivian Aigbedo, thereby committing an offence punishable under Section 256 of the Criminal Law of Edo State, 2022.”

Speaking to journalists after the court session, the victim’s legal counsel, Clinton Ogbebor, applauded the Police for its diligence.

“We are in court today over the alleged rape of my client, Mrs Isoken Aigbedo, by one Pastor Simeon Okehielem,” he said.

Ogbebor confirmed that the case file would now be forwarded to the office of the DPP for legal advice, after which the trial will proceed accordingly.

The development has stirred debates across Benin City, with residents and religious leaders expressing shock and calling for justice.

The case has been adjourned pending further legal advice from the Director of Public Prosecution.

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JUDICIARY

Court Bars Bello from Acting as Nasarawa APC Chairman

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A Senior District Court 3, Lafia, Nasarawa State, on Thursday restrained Mr Aliyu Bello, the embattled Chairman of All Progressives Congress (APC) in the state, from presenting himself as Chairman or a member of the party.This followed a motion filed by Suleiman Turaki, Counsel to Ibrahim Iliyasu, the Chairman of APC in Gayam Electoral Ward of Lafia Local Government Area of the state.

Report says that on July 1, Iliyasu, alongside 13 other officials of the party in the ward, suspended Bello from the party over alleged anti-party activities.
The order signed by Abdullahi Lanze, Senior District Judge of the court, stated that the prayer was granted after hearing the application presented by the applicant’s counsel.
The order specifically restrained Bello, his agents, privies, supporters or any person acting on his behalf, authority, or direction, from presenting himself as a member or Chairman of the party.The court also barred Bello from issuing statements, carrying out functions, or acting in any manner whatsoever, through the media or otherwise, as a member or Chairman of APC.This would be pending the hearing and determination of the motion on notice. (NAN).

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JUDICIARY

Unemployed Man Arraigned for Allegedly Impersonating Military Officer

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 A 30-year-old unemployed man, Sadiq Usman, on Thursday appeared before an Ikeja Magistrates’ Court for allegedly parading himself as a military officer.

Usman is facing a two-count charge of impersonation.

He, however, pleaded not guilty to the charge.

The prosecutor, Supol Josephine Ikhayere, told the court that the defendant committed the offences on May 24 at about 3.

30 p.
m. at Alaba Rago Market area of Ojo, Lagos State.

Ikhayere said that the defendant, who was unemployed, unlawfully had in his possession a Nigerian military camouflage uniform, cap, belt, and boots.

“He paraded himself as a member of the Nigerian Army and had in his possession two Nigerian Navy identity cards,” she said.

According to her, the defendant was arrested when he failed to give a satisfactory account of the items.

The prosecutor said that the offences contravened sections 77(a)(b) and 79(a)(b) of the Criminal Law of Lagos State, 2015.

Section 77 stipulates a three-year jail term for anyone found guilty of impersonating a member of the armed forces or the police.

Section 79 stipulates two years imprisonment for unlawfully wearing the uniform of the armed forces.

The Magistrate, Mr Lateef Owolabi, granted the defendant bail in the sum of N150,000 with two reliable sureties in like sum.

He ordered that the sureties must show evidence of tax payments to the Lagos State Government.

Owolabi adjourned the case until July 1 for mention. (NAN)

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