Why Rivers State will receive Federal allocation despite legal battle: Official

*The Office of the Accountant-General of the Federation reportedly affirms the Federal Government of Nigeria will release allocations to Rivers State ‘since there is a notice of appeal, the notice of appeal has overridden the earlier court judgment… if there is a notice of appeal, Rivers will be paid’

Isola Moses | ConsumerConnect

The Office of the Accountant-General of the Federation (OAGF) has assured that the Federal Government will adhere to court orders regarding the disbursement of Federal allocations to Rivers State, South-South Nigeria.

The government’s pronouncement follows the recent legal controversies surrounding the financial entitlements of the state from the Federal allocation.

Speaking on the development Friday, November 22, 2024, Bawa Mokwa, Director of Press and Public Relations at the OAGF, reportedly said: “We are going to obey court order.

“Since there is a notice of appeal, the notice of appeal has overridden the earlier court judgment.”

Mokwa averred: “So far, it is a court order that we will obey; if there is a notice of appeal, Rivers will be paid.”

It is recalled that a Federal High Court ruling October 30, had directed the Central Bank of Nigeria (CBN) to withhold further monthly allocations to Rivers State.

The OAGF has confirmed that the appeal effectively overrides the earlier court decision, ensuring that due allocations to the state will continue until the final outcome of the legal process.

Earlier, the court had ruled that Governor Siminalayi Fubara of Rivers State’s presentation of the 2024 Budget to a four-member House of Assembly was unconstitutional.

Delivering a judgement, Justice Joyce Abdulmalik stated that since January 2024, allocations received and spent by the state were based on an illegitimate budget, describing it as a “constitutional aberration.”

The ruling raised questions over the legitimacy of the State House of Assembly’s composition and its authority to approve budgets.

Justice Abdulmalik also argued that Governor Fubara’s actions ignored constitutional requirements for budget approval by a fully constituted Rivers State House of Assembly.

Delivering judgment in suit FHC/ABJ/CS/984/2024, Justice Abdulmalik declared that decisions made by the four-member Fubara-backed Assembly were void, referencing prior rulings by the Federal High Court and the Court of Appeal that had annulled its authority.

Besides, the ruling held that Fubara’s actions violated Sections 91 and 96 of the 1999 Constitution (as amended).

It warned that any continued bypassing of legislative processes constituted an affront to the rule of law.

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The Nigerian court’s decision followed a suit filed by the State House of Assembly faction, led by Martin Amaewhule, challenging the legitimacy of the four-member faction loyal to Fubara.

The Amaewhule-led Assembly had earlier declared in July that all state expenditures would be halted until the governor resubmitted his budget to the legitimate legislative body.

Justice Abdulmalik, therefore, denied a request to stay the proceedings, dismissing the application as “frivolous and vexatious.”

The Judge further refused to recuse herself from the case, rejecting the defence’s allegations of bias.

However, the Rivers State Government swiftly filed a notice of appeal against the court ruling.

Speaking on the issue earlier, Joseph Johnson, Honourable Commissioner for Information and Communications in Rivers State, had said the judgment had been appealed.

The Commissioner expressed optimism that the Appeal Court would upturn the judgment, The Punch report said.

The pointers to the anticipated judgment were glaring, stated Johnson.

According to.him, they were unperturbed as they had already instituted an appeal against the Federal High Court’s judgment.

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