The South South’s apex socio-political body Pan Niger delta Forum (PANDEF) has commended the federal government for the decision to jettison the High court order to withold the statutory monthly allocations of Rivers state and it’s local government areas following the lingering crisis that rocked the State House of Assembly
Recall that Director of Press and Public Relations, Bawa Mokwa, Office of the Accountant-General of the Federation, said at the weekend that it will adhere to court orders regarding the disbursement of federal allocations to Rivers State, following recent legal controversies surrounding the state’s financial entitlements.
“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.”
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.
In a media chat with news men at Uyo airport at the weekend, the new National Chairman of PANDEF, Ambassador Godknows Igali, expressed delight that the president took such a statesman decision which he described as a relief not only to the people of Rivers State but all of Nigeria.
He stated further that this decision will ensure that the ensure that the innocent citizens of RIVERS State will not suffer vicariously from the family feud between some of the political leaders of the state.
The PANDEF leader further expressed the hope that this decision will also aid the efforts by the Obong Victor Attah led High level Peace and Reconciliation Committee recently constituted by PANDEF., even as called on all political actors and leaders in Rivers State as well as youth and women groups to sheath the sword and follow the step taken by the federal government in de-escalating tension while the reconciliation effort by the elders of the region is ongoing.
An Abuja High court presided over by Justice Joyce Abdulmalik had 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 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.
However, the Rivers State Government swiftly filed a notice of appeal against the ruling.