Why Rivers Will Continue To Receive Federal Allocation Despite Legal Battle – FG
The Federal Government has assured that Rivers State will continue to receive its federal allocations despite ongoing legal battles over the state’s financial entitlements. This decision follows a contentious Federal High Court ruling and subsequent appeals by the Rivers State Government.
Speaking to The PUNCH on Friday, the Office of the Accountant-General of the Federation (OAGF) emphasized its commitment to obeying court directives.
Bawa Mokwa, Director of Press and Public Relations at the OAGF, 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 comes after Justice Joyce Abdulmalik of the Federal High Court ruled on October 30, 2024, that Rivers State’s budgetary allocations since January were unconstitutional.
The judge declared the budget, presented by Governor Siminalayi Fubara to a four-member House of Assembly, as illegitimate and a “constitutional aberration.” The ruling also voided the Assembly’s authority to approve budgets, referencing earlier court decisions annulling the Assembly’s composition.
The court found that the four-member Assembly’s decisions violated sections of the 1999 Constitution, stressing that any continued disregard for constitutional processes undermines the rule of law. This prompted the faction led by Martin Amaewhule to challenge Governor Fubara’s actions, further complicating the state’s political landscape.
In response, the Rivers State Government filed an appeal, maintaining that the judgment would be overturned. Commissioner for Information Joseph Johnson expressed confidence in the appellate process, saying they remained optimistic about a favorable outcome.
Meanwhile, the OAGF’s confirmation to continue disbursing funds underscores the legal principle that a notice of appeal can suspend enforcement of lower court rulings. As the legal dispute progresses, federal allocations to Rivers State remain secured, pending the Court of Appeal’s final decision.