News filtered into Rivers State that the Court of Appeal has struck down the judgment of a Federal High Court shutting down the revenue allocation and other revenues to Rivers State.
The Court of Appeal which sat on many cases from Rivers State had reserved judgment in the matters especially the federal allocation matter.
Today Friday, December 13, 2024, without much notice, news filtered in and it was later confirmed at several government quarters handling the matter that the Federal Allocation to Rivers State has been freed because the three-man panel headed by the justice, Hamman Barka, had ruled that the Federal High Court lacked jurisdiction.
There was panic in Rivers State when rumours held that the state was in danger should certain justices head the panel. All turned into jubilation Friday afternoon when news came that the judgment has just been thrown out.
The Justice, Joyce AbdulMalik, of the Federal High Court in Abuja had on October 30, 2024, ruled that the presentation of the 2024 budget by Gov Sim Fubara before four members of the Rivers House of Assembly constituted a violation of constitutional provisions.
She had described the receipt and disbursement of monthly allocations since January 2024 by Fubara as a clear constitutional breach that must not be tolerated.
She subsequently issued an injunction restraining the CBN, Accountant General of the Federation, Zenith Bank, and Access Bank from allowing Gov Fubara to access funds from the Consolidated Revenue and Federation Account.
Fubara, in his appeal, urged the Barka-led panel to overturn the lower court’s judgment, arguing for the vacating of the order barring state allocations.
The panel also consolidated five other appeals arising from the original high court decision, identified as CA/ABJ/CV/1277/24, CA/ABJ/CV/1196/24, CA/ABJ/CV/1287/24, CA/ABJ/CV/1293/24, and CA/ABJ/CV/1360/2024.
Barka had announced that judgment would be reserved and communicated at a later date to the parties involved.
Read also: Court stops CBN from releasing federal allocation to Rivers Govt
Today, Appeal Court nullified the judgment. The judgment today seems to give financial relief the Fubara camp and a hit to the Nyesom Wike camp. The control of resources towards capturing power in 2027 seems to be at the back of the court matters.
The appeal court said the federal high court lacked the jurisdiction to entertain the suit seeking to seize Rivers State allocation in the first place and that mere listing of federal agencies does not confer unrestricted jurisdiction on the federal high court.
The panel ruled that the subject matter which is the appropriation issue of a state should not have been entertained.
Reactions have gone wild as jubilation is everywhere around the state secretariat and in government circles.
A media analyst and pro-Fubara activist, Ibim Semenitari, said: “God is fighting on the side of Rivers State and on the side of the people. This judgment is certainly a confirmation that ultimately good will triumph over evil and truth over lies. I believe every true Rivers man and woman will be happy with the judgment because ultimately it is about the people of Rivers State.”
Another activist who chose anonymity added: “Sometimes nature has a wicked sense of humour. Imagine the coincidence of this judgement coming on the birthday of former governor Wike with all drums already rolled out in celebration.”
Away from Port Harcourt, the Opposition Lawmakers Coalition has hailed the judgment as a victory for constitutional democracy and restoring the judiciary’s image.
Other groups including HURIWA, Joint action for Democracy, Lawyers in Defence of Democracy, Opposition Lawmakers Coalition, and others have equally hailed the judgment as a historic decision that has preserved the principle of federalism and constitutional democracy.
The opposition lawmakers coalition reacting to the development said the Appeal Court has averted anarchy and constitutional disorder planned against the people by pro-Wike group.
The Opposition Lawmakers Coalition, in the statement signed by its spokesperson, Ikenga Imo Ugochinyere, hailed the judgment, describing it as a victory for constitutional democracy and restoring the judiciary’s image.
He said, “The Rivers State House of Assembly has a legitimate issue because of the illegal defections from PDP to APC which is currently before the court. The sacked lawmakers have been seeking anarchy to be unleashed on the state and putting pressure on our courts in a desperate bid to undermine democracy in Rivers State.
“According to Supreme Court judgment, the four-man House of Assembly is recognized by law and until the Supreme Court decides on the issue of the illegal decampment of the other 27 lawmakers, they don’t have right to make law for the state.
“Until by-election is held to fill those vacant seats, the remaining members can preside. The decision of the appeal court to nullify the judgement of the federal high court to order for the seizure of allocation of rivers state government is a welcome development and a triumph for rule of law, victory for true federalism and constitutional governance and should be applauded by all Nigerians that these eminent judges have interpreted already established judicial principle by the Supreme Court.
“They have asserted the sacred principle of our constitutional governance and democracy, that there’s a difference between fund disbursement, funding federation account and state appropriation act which is internal affair of the state, which falls under the powers and jurisdiction of the state high courts which the federal high court has no business.
“You want the allocation of a state to be seized one man will be happy? You can understand when people are political sadists, when all they see is anarchy, inflicting pain on innocent people”, Ikenga said.
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