• State govt appeals decision, says no cause for alarm
• Judgment tantamount to state of emergency, says don
• Odinkalu: It’s tyranny of the outlaw
• Court went too far, says SAN
• Judgment a legal coup against pending appeals, opposition lawmakers’ coalition
• Rivers APC applauds judgment
Nigerians, including lawyers, analysts, party stalwarts and the Rivers State Government, yesterday, faulted the Federal High Court judgment stopping the federal allocations to Rivers State, with the state pledging to swiftly appeal against the decision.
Reacting to the judgment yesterday, the State governor, Siminalayi Fubara, said the decision was the least of his problems.
Fubara made the remark during a special thanksgiving service organised by the state government to celebrate his administration’s resilience amid escalating political crises, which began with the arson attack on the State House of Assembly Complex, exactly a year ago.
He declared that despite the court order, his administration would continue payments to contractors and ensure workers’ salaries are disbursed from tomorrow.
He also confirmed that allocations for the 23 Council Chairmen would be credited, as the Joint Accounts Allocation Committee (JAAC) procedures had been completed.
The governor encouraged his supporters to remain resilient, assuring them that all challenges are surmountable.
Reflecting on his administration’s success, Governor Fubara noted that despite predictions that his government would not last even a week, he has successfully led for over a year.
He said his administration has also conducted local government elections against all odds and maintained a full cabinet despite attempts to undermine his leadership through resignations.
Highlighting his administration’s progress, he mentioned ongoing projects across the state, countering critics who claimed he would be unable to deliver.
He also cited recent reports that position Rivers State as one of the leaders in financial accountability and transparency.
Recalling an incident from October 30 last year, Governor Fubara described a violent confrontation with men in police uniforms as an assassination attempt.
The governor attributed the confrontation to political opponents, whom he accused of ambushing him after he withdrew legal cases against the Martin Amaewhule group, following an intervention by President Bola Tinubu.
While he expressed no regrets about seeking peace, he acknowledged that his peaceful disposition may have given his opponents an advantage, as they leveraged the withdrawal to secure judgments against him.
Governor Fubara emphasised that his opponents’ refusal to reciprocate his peaceful gestures has influenced his decisions not to yield to other expectations for the resolution of the political crisis.
Also, the State Commissioner for Information and Communications, Joseph Johnson, said the state saw the judgment coming, adding that there’s no cause for alarm.
“The State saw the judgment coming when the trial Judge refused 23 Council Chairmen as joinders, refused the State to change their lawyer as well as its objection challenging jurisdiction of the Federal High court.
“The judgment has already been appealed and l believe that the Court of Appeal will upturn the judgment. We are not panicking and there is no cause for alarm,” he said.
Justice Joyce Abdulmalik of the Federal High Court, Abuja had yesterday stopped the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations from the Federation Account to the Rivers state government.
Defendants in the suit filed by Rivers House of Assembly and Martin Amaewhule as its Speaker, are the CBN; Zenith Bank; Access Bank; Accountant General of the Federation; Rivers State Governor; Accountant General of Rivers; Rivers State Independent ElectoraCommission (RSIEC); Chief Judge of Rivers State, Justice S. C. Amadi; the chairman of RSIEC, Justice Adolphus Enebeli and Rivers State Government.
Delivering judgment on Wednesday, the judge held that the receipts and disbursements of monthly allocations since January this year by Governor Siminalayi Fubara 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.
Specifically, the Judge said that Fubara’s action in implementing an unlawful budget having not been passed by the appropriate House of Assembly smacked gross violations of the 1999 Constitution, which he swore to protect.
The judge, therefore, restrained the CBN, Accountant General of the Federation, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.
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 were released to the beneficiaries.
The judge said that the action of the four-member House of Assembly being held on to by Governor Fubara as a yardstick to justify unlawful budget had since been nullified and set aside by the Federal High Court and the Court of Appeal, Abuja.
Justice Abdulmalik held that the judgment of Rivers State 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 and subversion of the 1999 Constitution.
“It is mandatory to present the appropriation bills before the appropriate Houses 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 an 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 a budget that was not approved by the legislative arm,” she declared.
She issued an order restraining the defendants from accessing funds until the legislative arm approves the State budget.
The judge held that the Amaewhule group remains the legitimate House of Assembly given the Federal High Court judgement which nullified and set aside the House of Assembly of Victor Oko Jumbo led 4-member House of Assembly and later upheld by the Court of Appeal.
Earlier, several objections raised by the defendants against the hearing of the suit in Abuja, locus standi of the plaintiffs, and lack of reasonable cause of action among others were dismissed by the Judge for being unmeritorious.
Reacting to the decision, a lawyer and political analyst, Dr Chukwuma Chinwo, said it is unfortunate that politicians have resorted to using the judiciary to achieve their desperate desires.
He warned that if the country allows the Federal High Court judgement to prevail, it is an indication that the country is on the road to destruction of democracy.
Chinwo said: “It is unfortunate that we are now living in a world where everything in this country is at the instance of the Federal Government through the judiciary. Sadly, the Federal High Court, which ordinarily does not have authority to intervene in matters of the administration of a state, is doing all these kinds of things, but we expect the judiciary to understand that politicians will do whatever they want to further their political interest.”
The lawyer regretted that the judiciary which is expected to uphold the principles of equity and social justice is rather playing to please politicians.
He stated: “The danger is that if what is happening in Rivers State is allowed to happen, then we are on the road to the destruction of democracy.”
Also speaking, another lawyer and public affairs analyst, Living Jamala, said the judgment is regrettable – legally and morally.
He said: “Yes, the Supreme Court as far back as 2004, in the case of the Attorney General of Lagos State v. Attorney General of the Federation & Ors unequivocally pronounced as to whether a state allocation can be stopped owing to any constitutional infractions.
“In that case, the Supreme Court was emphatic that the Federal Government lacks the vires to withhold statutory allocations to a state and ordered the Federal Government to release all withheld monies belonging to the Lagos State Government.
“Ordinarily, with that precedent emanating from the apex court of the land, it would have been safe to hold that the judgment as given today (yesterday) by my Lord was unexpected.”
A Senior Advocate of Nigeria, Douglas Terkura Pepe, believes that the court went too far in its judgment.
Allocation of funds, he said, is a constitutional and statutory matter, which are not supposed to be interfered with.
“The parameters for allocation are well laid down. A blanket order stopping allocations to certain local government councils would seem, in my humble view, to infringe on the constitution itself, and the principle of stare decisis (to stand by the similar things already decided),” he stated.
A vocal critic of the judiciary, Prof. Chidi Odinkalu, recalled that while President Bola Tinubu was a governor 20 years ago, the Supreme Court declined to withhold the federal allocation of Lagos State following an application for same by the Federal Government, wondering why a lower court should overrule the decision in the Rivers case.
Writing in his X account, he said: “20 years ago, while @officialABAT was governor of @followlasg, @SupremeCourtNg declined an application to withhold the #FederationAccount allocations of Lagos LGAs. Today, a judge of @FederalHigh overruled the Supreme Court. This is not #RuleOfLaw; it is tyranny of the #Outlaw.”
Similarly, the Opposition Lawmakers Coalition in Nigeria has faulted ongoing moves to seize statutory allocations to Rivers State based on the order of Justice Abdulmalik.
The Coalition in a media conference by its National Spokesperson, Ikenga Imo Ugochinyere, described the order as a case of judicial rascality that must not be condoned.
The lawmakers wondered why the court went ahead to issue such an order when the issues involved and surrounding the decamped pro-Wike sacked lawmakers’ legitimacy are still pending at the Appeal Court and Supreme Court.
The Coalition declared the judgment as a legal coup against the likely outcome of pending appeals at the Court of Appeal and Supreme Court on the same subject matter.
They maintained that the order is unenforceable since it amounts to an attempt to unleash constitutional anarchy against a Federating State and independent branch of government that has a constitutional responsibility to the people.
The lawmakers described the judgment as clear evidence that the Federal High Court had gone out of control and was willing to do anything to favour the undemocratic interest of attempting to seize the constitutional funds of a sovereign people in pursuit of the political interest of one man.
“How can a judge who knows very well that the decamped lawmakers have lost their seats, still go ahead to order for the allocation to be seized in favour of those who have lost their seat while the issues are pending at different courts on whether they should be parading as lawmakers,” they queried?
“You want to use the Federal High Court to undermine democracy and constitutional governance. The issue of legality of their decampment is still in court and you are rushing to order that budget be presented to them as who?
“How can you be aware that all the subject matters are before the Appeal Court and Supreme Court and you still went ahead to attempt to do harm and damage innocent tax-paying people of Rivers who did nothing?
“The Supreme Court has ruled on the sanctity of the LGA and State allocation as a sovereign wealth of the people that can’t be seized as such funds are constitutional and can only be spent on the authority of that State or LGA,” the group declared, adding that the pro-Wike group and the Federal High Court, Abuja have shown that they are anarchists and anti-people.
Also, the Rivers Peace Initiative (RPI) has warned that the devastating impact of the judgment on millions of citizens relying on these funds for their livelihoods would be monumental.
Convener of RPI, Obinna Ebogidi said: “The refusal to pursue peace has demonstrated a disheartening truth: the interests of the people of Rivers State are secondary to personal ambitions and vendettas.”
He noted that the ongoing power struggle between Governor Fubara and former Governor Nyesom Wike has already resulted in violence, arson, loss of lives and property, acts of violence and properties worth millions.
The group, therefore, called for immediate dialogue, and engagement of all stakeholders, including Governor Fubara, former Governor Wike, and relevant parties.
Also reacting, a Professor of Law at the Lead City University, Ibadan, Olu Ojedokun, described the court verdict as tantamount to a state of emergency without a formal declaration.
Prof Ojedokun said: ‘’This in effect places the state in an emergency. A state of emergency without a formal declaration by the President. This is an extension of the battles and skirmishes between Wike and his ex-protegé. Of course, in this instance, except a superior court intervenes the grass will suffer and lead to an implosion.’’
Commenting, the Civil Society Legislative Advocacy Centre (CISLAC) expressed profound concern over the judgment.
In a statement signed by Auwal Musa Rafsanjani, the Executive Director of CISLAC & Head of Transparency International-Nigeria, he urged the Chief Justice of Nigeria to act decisively in maintaining judicial standards and to caution judges against rulings that could inadvertently destabilise Nigeria’s democracy or economic structure.
“CISLAC urges the judiciary to hold firm to democratic values, ensuring decisions respect the constitution and reflect the will of Nigerians, safeguarding both state and national stability.
“In these challenging times, CISLAC calls on the judiciary, the executive, and all stakeholders to uphold democratic principles and prioritise the welfare of Nigerians above all other considerations. Our nation’s stability, unity, and progress must remain at the forefront of governance efforts,” the group said.
HOWEVER, some lawyers think differently. Mr Deji Fasusi, a lawyer argued that from a legal standpoint, the judgment must be complied with.
According to him, so many lawyers may be quick to reference the case of AG Lagos V. AG Federation in 2004, when Former President Olusegun Obasanjo was in office as an example, but the major issues in that action are distinguishable from the present action.
“The Lagos State Government at the time under the incumbent President (who was at the time, the Governor) challenged the FG or sought to find from the Supreme Court whether there is power vested in the President whether by executive or administrative action to suspend or withhold for any period whatsoever the statutory allocation due and payable to Lagos State Government amongst other reliefs which include a declaratory relief that the intention or proposal of the FG to suspend or withhold for any period whatsoever the statutory allocation due to and payable to Lagos State is unlawful”, he recalled and added that the current issues are more political than legal.
A Senior Advocate of Nigeria, Mohammed Ndarani Mohammed said court stoppage of fund allocation to Rivers state was long expected.
“For those who understand the concept of constitutional democracy, the ruling by Hon Justice Abdulmalik did not come as a surprise. There is a need to examine the relevant constitutional provisions to give us a fair understanding of why it should have been obvious to any discerning mind that Rivers State, led by Governor Fubara, has been living on borrowed time as far as allocation to the state is concerned.
“Nigeria runs a constitutional democracy. That is democratic governance based on the provisions of the constitution. One of the hallmarks of a constitutional democracy is the rule of law. Adherence to the rule of law is crucial to the survival of any democracy.
“Therefore, legally speaking, a governor has no vires to spend public funds without appropriation. Where that happens, it shall be unconstitutional having regard to section 120.”
“In conclusion, if it is found as a matter of fact that there is no properly constituted House of Assembly in Rivers State, that means that the governor has been running the state illegally, including the spending of any or all monies accruing to the state from whatever source. In the light of the above, it is safe to conclude that the decision of Justice Abdulmalik is fantastically correct and represents the true position of law,” he said.
In the same vein, Lagos-based lawyer and human rights crusader, Kabir Akingbolu noted that the order given by the court was fantastic, considering the level of lawlessness going on in Rivers.
His words: “In a situation where a governor is running a state with a budget passed by four members of the House of Assembly, it’s illegal and a complete aberration, which must not be allowed to stand in any democratic setting. How can somebody say he can rule with four House of Assembly members? Although it has happened before during the tenure of Governor Obaseki in Edo State. He ruled with nine members throughout his four years. He didn’t allow members of the parliament, who were voted into power to function or be sworn in. Unfortunately, they went to court but the matter never came up once.
“So, when you see lawlessness rearing its ugly head in all our democratic settings, you begin to question the kind of democracy we are running. Let the House of Assembly be reconstituted and pass the budget properly. As far as I am concerned, I think the judgment is a laudable one.”
Expectedly, the Tony Okocha-led All Progressives Congress (APC) in the state, has applauded the judgment, saying it would have been avoided if Governor Fubara had listened to wise counsel.
He said that the Governor missed an opportunity to remedy the situation when he showed disrespect and disregard to President Bola Ahmed Tinubu by disregarding the 8-Point Peace Pact from the intervention of Mr President when the Governor himself sought the intervention of Mr President in the resolution of the political crisis in Rivers State.
He added that the situation escalated to an irredeemable point when Governor Siminalayi Fubara started listening to Crisis Entrepreneurs and Political Merchants who advised him to disobey, disregard, and talk down on court judgements – people whose only interest was to milk the State dry.
On the way forward, Okocha said that the law of the land must be obeyed by all and sundry irrespective of status or class to avoid a breakdown of law and order.
