The recent legal developments regarding Rivers State’s financial entitlements have drawn significant attention and response from the Office of the Accountant-General of the Federation (OAGF). Following a Federal High Court ruling on October 30, 2024, which directed the Central Bank of Nigeria to halt federal allocations to the state, the OAGF has committed to adhering to court orders, acknowledging that an ongoing appeal alters the situation. Bawa Mokwa, the Director of Press and Public Relations at the OAGF, emphasized that the office will comply with the legal directives, ensuring that Rivers State will continue to receive its allocations until a final decision is reached in the appeal process.
The contentious ruling was issued by Justice Joyce Abdulmalik, who found that the budget presented by Governor Siminalayi Fubara to a four-member House of Assembly was unconstitutional. The judgment called into question the legitimacy of both the assembly’s composition and its authority to approve budgets, labeling the expenditures made since January 2024 as stemming from an “illegitimate budget.” The implications of this ruling further exposed the fractures within the governance of Rivers State, pointing to a constitutional crisis that could have far-reaching effects on its political landscape.
Justice Abdulmalik’s ruling formally invalidated decisions made by the four-member Fubara-backed assembly, drawing on previous court decisions that nullified its authority. The judge argued that Fubara’s actions contravened essential constitutional requirements that demanded a fully constituted House of Assembly for budget approvals. Her firm stance on the matter underscored the risks of bypassing legislative processes, reinforcing adherence to the rule of law and highlighting the necessity of legitimate governance structures.
The conflict erupted following a suit initiated by Martin Amaewhule’s faction of the Rivers State House of Assembly, which sought to challenge the governance and budgetary practices led by Fubara’s faction. In July, this faction had declared a suspension of all state expenditures until a legitimate budget was submitted, intensifying tensions between opposing political factions within the state. The court ruling not only dismissed the defense’s request for a stay on the proceedings but also reaffirmed the need for due process and legislative integrity in state governance.
In response to the unfavorable ruling, the Rivers State Government quickly filed an appeal, expressing hopes of overturning the Federal High Court’s decision. Commissioner for Information and Communications, Joseph Johnson, portrayed a positive outlook regarding the outcome of the appeal, suggesting that the judiciary would recognize the legitimacy of the governor’s actions and restore proper funding mechanisms for the state. This renewed conflict between various factions highlights the importance of judicial interpretations in political power dynamics in Rivers State.
As the legal battle unfolds, the OAGF’s stance to adhere to the appeal process suggests a commitment to upholding due legal process while navigating the complexities stemming from the ongoing disputes. The situation reflects broader implications for governance in Nigeria, as it hinges on judicial authority, the sanctity of constitutional provisions, and the potential disruption caused by intra-political conflicts among major stakeholders. The resolution of these legal controversies will likely have lasting impacts on the governance structures in Rivers State and the broader Nigerian political landscape.
