FG Confirms Rivers State Will Receive Federal Allocations Despite Legal Dispute
The Office of the Accountant-General of the Federation (OAGF) has affirmed its commitment to adhering to court orders regarding the disbursement of federal allocations to Rivers State, following a series of legal controversies over the state’s financial entitlements.
Speaking on Friday, the Director of Press and Public Relations at the OAGF, Bawa Mokwa, clarified that the federal government would respect the current legal framework. “We are going to obey court orders. Since there is a notice of appeal, the notice has overridden the earlier court judgment. So far, it is a court order that we will obey; if there is a notice of appeal, Rivers will be paid,” Mokwa stated.
This assurance follows an October 30, 2024, Federal High Court ruling directing the Central Bank of Nigeria to withhold Rivers State’s monthly allocations. Justice Joyce Abdulmalik ruled that the 2024 budget presented by Governor Siminalayi Fubara to a four-member House of Assembly was unconstitutional, deeming the legislative process illegitimate.
Budget Approval Controversy
The ruling spotlighted constitutional breaches in the budget approval process. Justice Abdulmalik described the actions of the four-member Assembly loyal to Governor Fubara as a “constitutional aberration,” citing Sections 91 and 96 of the 1999 Constitution, which require a fully constituted legislature for budgetary decisions.
The judgment further invalidated all decisions made by the Assembly faction, referencing previous court rulings that had annulled its authority. Justice Abdulmalik dismissed applications for her recusal and a stay of proceedings as “frivolous and vexatious.”
Political and Legal Repercussions
The legal tussle stems from a suit filed by the faction of the Rivers State House of Assembly led by Martin Amaewhule. The faction challenged the legitimacy of Governor Fubara’s reliance on the four-member Assembly, which had been previously invalidated by both the Federal High Court and the Court of Appeal.
In July, the Amaewhule-led Assembly had halted all state expenditures, insisting that the governor resubmit his budget for approval by the legitimate legislative body. Justice Abdulmalik’s ruling underscored the governor’s disregard for constitutional processes, stating that continued bypassing of legitimate legislative channels constituted an affront to the rule of law.
Rivers State Appeals Decision
In response to the judgment, the Rivers State Government filed a notice of appeal, effectively overriding the earlier court decision. Commissioner for Information and Communications, Joseph Johnson, expressed confidence in a favorable outcome at the Appeal Court. “The pointers to the anticipated judgment are glaring, and we are unperturbed,” he said, reaffirming the administration’s optimism.
OAGF’s Position
The OAGF has confirmed that the notice of appeal ensures continued allocation of funds to Rivers State until the legal process is concluded. This development provides temporary relief to the state amidst its ongoing legal and political challenges.
As the legal battle unfolds, stakeholders and observers await further judicial pronouncements to determine the long-term implications for governance and financial stability in Rivers State.
