The Office of the Accountant-General of the Federation has assured that it will comply with court orders regarding the disbursement of federal allocations to Rivers State, amidst ongoing legal disputes over the state’s financial entitlements.
Speaking with The PUNCH on Friday, the Director of Press and Public Relations at the OAGF, Bawa Mokwa, stated, “We are going to obey 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.”
This development follows an October 30, 2024, Federal High Court ruling directing 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, declared that allocations received and spent by the state since January 2024 were based on an illegitimate budget, describing the situation as a “constitutional aberration.”
The judge emphasised that the State House of Assembly’s composition and authority were in question, and that Governor Fubara’s actions contravened constitutional requirements for budget approval by a fully constituted legislature. Justice Abdulmalik stated that any continued bypassing of the legislative process was an affront to the rule of law, violating Sections 91 and 96 of the 1999 Constitution.
The ruling came after a suit filed by the Martin Amaewhule-led faction of the Rivers State House of Assembly, which challenged the legitimacy of the four-member Assembly faction loyal to Governor Fubara. Earlier in July, the Amaewhule-led Assembly had declared that all state expenditures would be halted until the governor resubmitted his budget to the legitimate legislative body.
Justice Abdulmalik upheld previous decisions by both the Federal High Court and the Court of Appeal, which had annulled the authority of the four-member Assembly. She also denied an application to stay proceedings, dismissing it as “frivolous and vexatious,” and refused to recuse herself from the case despite allegations of bias from the defence.
Following the judgment, the Rivers State Government filed a notice of appeal, contesting the ruling. Governor Fubara, who recently celebrated the failure of an impeachment attempt by the Amaewhule-led faction, has remained defiant.
The state Commissioner for Information and Communications, Joseph Johnson, confirmed the appeal, expressing confidence that the Court of Appeal would overturn the ruling. Johnson described the Federal High Court’s decision as flawed and reiterated the state’s optimism about the legal process.
He stated, “The pointers to the anticipated judgment are glaring, and we are unperturbed as we have already instituted an appeal against the Federal High Court’s judgment.”
The OAGF has now confirmed that the appeal effectively overrides the earlier Federal High Court decision, ensuring that federal allocations to Rivers State will continue until the legal process is concluded.
This decision underscores the complexities of the ongoing legal battle and its potential implications for governance and financial administration in Rivers State.
