The Federal Government has assured that Rivers State will continue to receive its federal allocation despite the ongoing legal battle concerning the state’s financial entitlements.
This confirmation came from the Office of the Accountant-General of the Federation (OAGF), which emphasized its commitment to adhering to court orders.
Speaking 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 statement follows a ruling by the Federal High Court on October 30, 2024, instructing the Central Bank of Nigeria to withhold further monthly allocations to Rivers State. The court had declared that the 2024 budget presentation by Governor Siminalayi Fubara to a four-member House of Assembly was unconstitutional, deeming it a “constitutional aberration.”
Justice Joyce Abdulmalik, who delivered the judgment, invalidated decisions made by the four-member Assembly loyal to Fubara, citing that its authority had been nullified by prior rulings of the Federal High Court and the Court of Appeal.
The court also described the governor’s actions as a violation of Sections 91 and 96 of the 1999 Constitution, stressing that bypassing the legislative process undermines the rule of law.
The ruling came in response to a suit filed by the Martin Amaewhule-led faction of the Rivers State House of Assembly. This faction had earlier declared in July that all state expenditures would be suspended until Governor Fubara resubmitted his budget to a legitimate legislative body.
Justice Abdulmalik dismissed a request to stay the proceedings as “frivolous and vexatious” and refused to recuse herself from the case.
The Rivers State Government has since filed a notice of appeal against the ruling. Commissioner for Information and Communications, Joseph Johnson, expressed optimism about the case, stating, “The judgment has been appealed, and we believe the Appeal Court will overturn the Federal High Court’s decision. The signs are clear, and we are confident in our position.”
Meanwhile, the OAGF has clarified that the notice of appeal effectively supersedes the earlier judgment, allowing federal allocations to Rivers State to proceed until a final decision is reached.
This development comes against the backdrop of political tension in the state, with Governor Fubara celebrating the failure of an impeachment attempt by the Amaewhule-led Assembly faction, which is reportedly loyal to the Minister of the Federal Capital Territory, Nyesom Wike.
As the legal proceedings continue, both factions of the Rivers State Assembly remain locked in a power struggle, raising questions about the governance and fiscal management of the state.
