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Reactions As Court stops FG from releasing monthly allocations to Rivers

Salient Times Online by Salient Times Online
October 30, 2024
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Reactions As Court stops FG from releasing monthly allocations to Rivers
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…We saw it coming – Rivers Govt
…MOSOP calls for caution
..: Don’t set Rivers on fire – Atiku Warns Judiciary
… it’s judicial rascality – Coalition of Opposition Lawmakers

The Federal High Court sitting in Abuja, on Wednesday, barred the Federal Government from releasing further monthly allocations to Rivers State.

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The court, in the judgement that was delivered by Justice Joyce Abdulmalik, specifically restrained the Central Bank of Nigeria, CBN, from allowing the state to draw funds from the consolidated revenue account.

The judgement followed a suit marked: FHC/ABJ/CS/984/24, which was brought before the court by the Hon. Martins Amaewhule-led faction of the Rivers State House of Assembly.

Cited as defendants in the matter included the Central Bank of Nigeria, CBN, Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF).

Others are Governor Siminalayi Fubara, the Accountant-General of Rivers; Rivers Independent Electoral Commission, RSIEC; Chief Judge of Rivers, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.) and the Government of Rivers State.

The plaintiffs had approached the court, praying it to withhold all federal monthly allocations meant for Rivers state.

They predicated their case on the ground that Governor Fubara had yet to comply with the court order that directed him to represent the 2024 Appropriation Bill to the Amaewhule-led faction of the Rivers State House of Assembly.

According to the plaintiffs, the high court had in a judgement that was delivered by Justice James Omotosho, recognised Hon. Amaewhule as the authentic Speaker of the Rivers State House of Assembly.

They noted that the court invalidated the 2024 budget proposal that was presented before the four-member faction of the Assembly, led by Hon. Victor Oko-Jumbo.

The Hon. Amaewhule-led members of the Rivers State Assembly added that the Court of Appeal upheld the high court decision that was in their favour.


They alleged that Governor Fubara had continued to make unauthorized withdrawals from the consolidated revenues funds of Rivers state, in breach of section 120 of the 1999 Constitution, as amended.


Atiku to Judiciary: Don’t set Rivers on fire

Former Vice President Atiku Abubakar has cautioned the judiciary against setting Rivers State on fire.

The warning came in the wake of Wednesday’s judgement, wherein a Federal High Court in Abuja ordered the Central Bank of Nigeria (CBN) to halt all payments to the state.

In a statement Wednesday by his media adviser, Paul Ibe, the former Vice President, said it was appalling that some elements loyal to the Federal Government were pulling the strings from behind.

Atiku wondered why Justice Joyce Abdulmalik issued the order when it was public knowledge that Rivers State had already challenged the Court of Appeal’s judgement on the legality of Rivers State’s 2024 budget.

“Last week the Court of Appeal declared that the Rivers State budget was illegal because it was passed by an inchoate assembly. The court ordered Governor Siminalayi Fubara to present the budget afresh.

“The Rivers State Government has already filed a notice of appeal so that the Supreme Court can hear the matter. However, some elements in the Bola Tinubu administration have procured a judgement intended to undermine the Supreme Court.

“Even before the judgement was delivered, legal luminary Femi Falana (SAN) had alerted the Chief Justice of the Federal High Court, Justice John Tsoho, of possible compromise after house gifts had been presented to judges in Abuja. Sadly, Falana’s warning was ignored,” the statement quoted him as saying.

The presidential candidate of the Peoples Democratic Party (PDP) in the 2023 election hailed the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, for summoning judges sitting on the Rivers State cases.

He, however, called on the nation’s top judge to ensure that those found wanting are disciplined in order to restore the fading glory of God’s judiciary.

The former Vice President added: “Nigeria has descended into the theatre of the absurd since the Tinubu administration took office.

“Courts are playing a more ignoble role in fostering political crises within political parties and even in states. From the emirship tussle in Kano State to the Rivers imbroglio, where courts are going as far as preventing elections from holding, taking Nigeria back to the dark days of June 12, 1993, when polls were annulled.

“Sadly, under the leadership of those who claim to have fought for Nigeria’s democracy, the country is descending into chaos with conflicting orders from courts of coordinate jurisdiction flying all over the place while judges are being induced in the name of empowerment and provision of houses.

“The result is that Nigerians are gradually losing confidence in an institution that prides itself as the last hope of the common man. Foreign investors will avoid any place where judgements can be bought by the highest bidder.

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“Nigeria should not descend to the Hobessian state of nature, where life is short, nasty, and brutish, where citizens opt for self-help. Rivers State accounts for almost 25% of Nigeria’s oil assets. For a country facing an economic crisis worsened by vandalism and banditry, Tinubu should put his 2027 ambition aside and put Nigeria’s interests first.

“We call on the Nigerian judiciary to restore its image before it gets too late.”

‘We saw it coming’ – Rivers govt on LG allocation freeze

The Rivers State government expressed that the recent Federal High Court ruling in Abuja, which ordered the cessation of local government allocations, was anticipated due to various developments during the court process.

Commissioner for Information, Joe Johnson, highlighted signs that led to the prediction, noting, “When the trial Judge refused to add the 23 Council Chairmen as parties, declined the State’s request to change its lawyer, and overruled our jurisdiction objection, it was evident,” he stated.

Johnson assured the public that the state had appealed the decision, expressing confidence that the Court of Appeal would overturn the ruling.

Meanwhile, the Movement for the Survival of the Ogoni People (MOSOP) condemned the judgment, warning of the severe social impact on Rivers State citizens. MOSOP President, Fegalo Nsuke, called the ruling “unjust and genocidal,” emphasizing that cutting off a community’s economic lifeline is harmful and potentially volatile, as it pushes people to a breaking point.

Nsuke added that Rivers State’s economic and political importance to Nigeria’s stability should not be undermined, advocating for respect of ongoing appellate procedures. “Suppressing Rivers State could have far-reaching consequences on the stability of Nigeria,” Nsuke stated, urging restraint from enforcement while appeals remain pending.

Additionally, Chief Joseph Ambakaderimom, Chairman of the Board of Trustees of the Niger Delta oil and gas-producing communities, supported a lawful approach, remarking that only a superior court can alter the judgment.

He advised patience, trusting the Rivers State Government to follow proper legal channels

Tags: Siminlalayi Fubara
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