The Office of the Accountant-General of the Federation (OAGF) has assured that Rivers State will continue to receive federal allocations despite ongoing legal disputes concerning the state’s financial entitlements.
Speaking to Hobnob on Friday, the Director of Press and Public Relations at the OAGF, Bawa Mokwa, emphasized the government’s commitment to adhering to court orders. This follows a Federal High Court ruling on October 30, 2024, which directed the Central Bank of Nigeria to withhold monthly allocations to Rivers State.
The court, presided over by Justice Joyce Abdulmalik, ruled that Governor Siminalayi Fubara’s presentation of the 2024 budget to a four-member State House of Assembly was unconstitutional. She described the budget as a “constitutional aberration,” raising concerns about the legitimacy of the Assembly’s composition and its authority to approve budgets.
Justice Abdulmalik stated that the Assembly faction loyal to Governor Fubara lacked the required quorum as outlined in Sections 91 and 96 of the 1999 Constitution. She warned that bypassing legislative processes undermines the rule of law. The judgment followed a suit filed by the rival Assembly faction, led by Martin Amaewhule, challenging the legitimacy of the four-member House.
The Amaewhule-led Assembly had earlier declared in July that all state expenditures would cease until the governor resubmitted his budget for approval by the full legislative body. Justice Abdulmalik nullified decisions made by the Fubara-backed faction, citing previous rulings by the Federal High Court and the Court of Appeal that annulled its authority.
Despite the ruling, the Rivers State Government swiftly filed a notice of appeal. The state Commissioner for Information and Communications, Joseph Johnson, expressed confidence that the Appeal Court would overturn the judgment, describing the decision as a temporary setback.
The OAGF clarified that the appeal overrides the earlier judgment, ensuring that allocations to Rivers State will continue pending the final resolution of the case. Mokwa stated, “Since there is a notice of appeal, it 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 legal battle also comes amidst failed attempts by the Amaewhule-led Assembly to impeach Governor Fubara. Meanwhile, Justice Abdulmalik denied requests to recuse herself from the case and dismissed applications to stay proceedings, describing them as “frivolous and vexatious.”
As both factions await the outcome at the Appeal Court, the controversy continues to underscore the need for constitutional adherence and legislative integrity in state governance.
