According to a report from PUNCH news. The Office of the Accountant-General of the Federation (OAGF) has reiterated its commitment to complying with court orders regarding the disbursement of federal allocations to Rivers State, amid ongoing legal disputes surrounding the state’s financial entitlements.
In a statement made to The PUNCH on Friday, Bawa Mokwa, the Director of Press and Public Relations at the OAGF, assured that the office would follow the court’s ruling…CLICK TO READ THE FULL NEWS HERE▶▶
Mokwa emphasized that, although the Rivers State government had filed a notice of appeal, the notice effectively overrides any prior court judgment. As a result, the federal allocations to the state would continue to be disbursed in line with the appeal process.
Mokwa’s comments came after the Federal High Court issued a significant ruling on October 30, 2024, which ordered the Central Bank of Nigeria (CBN) to halt further monthly allocations to Rivers State. The court’s decision was based on the assertion that Governor Siminalayi Fubara’s presentation of the 2024 state budget to a four-member House of Assembly was unconstitutional. Justice Joyce Abdulmalik, who presided over the case, declared that the budget approved by the truncated assembly, which lacked the constitutionally required full membership, was a “constitutional aberration.”
The court raised serious concerns over the legitimacy of the state’s House of Assembly and its authority to approve budgets, particularly since the assembly was not fully constituted. The ruling specifically criticized the governor’s actions for bypassing the constitutional requirement of a fully constituted legislative body to approve the state budget.
In her judgment, Justice Abdulmalik stated that the spending by the Rivers State government, based on the approved budget from the four-member assembly, violated provisions of the 1999 Nigerian Constitution, particularly Sections 91 and 96, which pertain to legislative procedures and budget approval.
This legal decision followed a suit filed by a faction of the Rivers State House of Assembly led by Martin Amaewhule, which challenged the legitimacy of the assembly faction loyal to Governor Fubara. The Amaewhule-led faction had earlier in July announced a halt to all state expenditures until the governor submitted a new budget to the properly constituted assembly.
In response to the ruling, the Rivers State Government quickly filed a notice of appeal, signaling their intention to challenge the decision. The state government expressed confidence that the Appeal Court would overturn the Federal High Court’s ruling. Joseph Johnson, the Commissioner for Information and Communications in Rivers State, spoke to The PUNCH after the ruling, asserting that they were not concerned by the judgment, as they had already initiated the process of appealing the court’s decision.
The legal battle highlights the contentious political climate in Rivers State, which has seen significant tensions between factions loyal to Governor Fubara and the opposition group within the state legislature. The controversy surrounding the budget approval process also points to wider issues of governance and the interpretation of constitutional provisions relating to state legislative bodies.
Meanwhile, the OAGF has confirmed that the notice of appeal filed by the Rivers State Government has superseded the initial court order, ensuring that federal allocations to the state will continue to be disbursed while the case proceeds through the judicial system. This decision underscores the importance of respecting the rule of law and the ongoing legal process, while also balancing the need for state governments to receive their rightful share of federal revenue.
As the legal proceedings unfold, the outcome of the appeal is likely to have far-reaching implications not only for Rivers State but for the broader legal framework governing budget approvals and legislative powers at the state level. With both sides of the dispute preparing for a protracted legal battle, attention is focused on the Appeal Court’s forthcoming decision, which could either validate or upend the controversial judgment made by the Federal High Court…CLICK TO READ THE FULL NEWS HERE▶▶
