Lawyers criticise High Court ruling halting financial allocations to Rivers State
In a ruling on Wednesday, Justice Joyce Abdulmalik ordered the Central Bank of Nigeria (CBN) to halt financial allocations to the Rivers State government until a valid appropriation act is passed by a properly constituted House of Assembly.
This decision has faced backlash from lawyers, stakeholders, political analysts, and party leaders in Rivers State, who have condemned the Federal High Court’s judgment affecting Governor Siminalayi Fubara’s administration.
On Wednesday, Justice Joyce Abdulmalik ruled that the Central Bank of Nigeria (CBN) must halt financial allocations to the Rivers State government until a valid appropriation act is passed by a properly constituted House of Assembly.
This judgment stemmed from a lawsuit filed by the Rivers State House of Assembly, which is aligned with former governor Nyesom Wike and led by Martins Amaewhule.
Justice Abdulmalik stated that Governor Fubara’s decision to present the 2024 Appropriation Bill to a four-member Assembly, deemed improperly constituted, is not acceptable.
The court order effectively suspends any further funding to the Rivers State Government until the necessary legislative procedures are completed.
In response to the ruling, lawyer and political analyst Dr. Chukwuma Chinwo condemned the decision, expressing concern that politicians are using the judiciary to fulfill their ambitions. He warned that allowing the Federal High Court’s judgment to stand could lead to the erosion of democracy in Nigeria.
Chinwo stated, “It’s unfortunate that we now live in a reality where the Federal Government seems to exert influence through the judiciary. The Federal High Court, which typically lacks authority over state administration, should have considered the broader implications, as politicians will prioritize their own interests.”
He lamented that the judiciary, which should promote equity and justice, appears to be catering to political motives. He cautioned, “If the situation in Rivers State is not addressed, we risk undermining democracy. The current events are alarming, showcasing a politician acting with impunity.”
Chinwo also urged the President to take action against the Minister of Federal Capital Territory, Nyesom Wike, who he believes is not being held accountable. He stressed that while political disputes escalate, it is the citizens who suffer the consequences, advocating for a more constructive resolution.
He concluded, “The Federal High Court’s decision to block the Accountant General from releasing funds is misguided, and if this continues, I fear for the repercussions.”
Another legal expert, Living Jamala, echoed these sentiments, calling the ruling legally and morally regrettable. He referenced the 2004 Supreme Court case, Attorney General of Lagos State v. Attorney General of the Federation, which established that the federal government cannot withhold state statutory allocations due to constitutional issues.
Jamala stated, “The Supreme Court ruled that the federal government must release any withheld funds belonging to Lagos State.” He found the Federal High Court’s judgment surprising, given this precedent.
He further cited the case of Shittu v. Nigerian Agricultural & Cooperative Bank Ltd, arguing that matters related to state revenue and taxes do not fall under the Federal High Court’s jurisdiction. He said, “The Court of Appeal has made it clear that issues regarding state revenue and taxes are not within the purview of the Federal High Court as outlined in the 1999 Constitution.”
Proofreading by Uchechi Ojo, Sub-editor at NeptunePrime.
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