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Following recent legal controversies surrounding the state’s financial entitlements, the Federal Government says it will disburse allocations to Rivers State.
According to The Punch, Bawa Mokwa, the Director of Press and Public Relations at the OAGF, stated that the government would comply with the court order.
“Since there is a notice of appeal, the notice of appeal 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.”
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The assurance comes amid a Federal High Court ruling on October 30, 2024, which directed the Central Bank of Nigeria to withhold further monthly allocations to Rivers State.
The court ruled that Governor Siminalayi Fubara’s presentation of the 2024 budget to a four-member House of Assembly was unconstitutional.
Justice Joyce Abdulmalik, who delivered the judgment, 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.
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The judge contended that the governor’s actions ignored constitutional requirements for budget approval by a fully constituted 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.
The ruling also held that Fubara’s actions violated Sections 91 and 96 of the 1999 Constitution, and warned that any continued bypassing of legislative processes constituted an affront to the rule of law.
The 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 denied a request to stay the proceedings, dismissing the application as “frivolous and vexatious.” She also refused to recuse herself from the case, rejecting the defence’s allegations of bias.
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However, the Rivers State Government swiftly filed a notice of appeal against the ruling.
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This came as the governor celebrated one of the failed attempts to impeach him by the Amaewhule-led state Assembly faction loyal to the FCT Minister, Nyesom Wike.
The state Commissioner for Information and Communications, Joseph Johnson, earlier said that the judgment had been appealed, expressing optimism that the Appeal Court would upturn the judgment.
He said the pointers to the anticipated judgment were glaring, adding that they were unperturbed as they had already instituted an appeal against the Federal High Court’s judgment.
The OAGF has now confirmed that the appeal effectively overrides the earlier court decision, ensuring that allocations to the state will continue pending the final outcome of the legal process.
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