Rivers State House Of Assembly & Anor. (Appellants) vs. The Government Of Rivers State & 9 Ors. (Respondents)

Facts

The Appellants commenced an action (by Originating Summons) against the Respondents at the Federal High Court, Abuja in Suit No. FHC/ABJ/CS/984/2024, claiming inter alia, a declaration that the 1st Defendant (Central Bank of Nigeria) is not entitled to release any amount, money, fund or revenue standing to the credit of Rivers State in the Consolidated Revenue Fund of Rivers State domiciled at the Central Bank of Nigeria including all allocations and revenue receipts from the Federation Account Allocation Committee (FAAC) due to Rivers State from the Federation Account or from any other source to the 2nd Defendant or any other bank, being the commercial bank of Rivers State Government or any other person until the fund has been duly charged with the relevant expenditure by an Appropriation Law duly made by the House of Assembly of Rivers State. They also sought various Orders and injunction against the Defendants from withdrawing funds in the Consolidated Revenue Funds or other accounts until an Appropriation Law for the 2024 Financial Year has been duly made by the 1st Appellant. The Appellants, as Plaintiffs, posed various questions for determination of the court, bothering on construction of the provisions of Sections 1(1), (2); 120(2), (3) and (4); 197; 122 and 287(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Section 10 of the Rivers State Local Government Election Tribunal Law.

Upon consideration of submissions by counsel on the affidavits and addresses, the trial court delivered judgement in favour of the Plaintiffs (as Appellants herein), granting them the reliefs sought. The 8th Respondent in this appeal, who was dissatisfied with the judgement, appealed the decision to the Court of Appeal. The appellate court allowed the appeal on the ground that the trial court lacked the jurisdiction to entertain and determine the suit and struck it out. On the merits however, the court dismissed the appeal.