- The Office of the Accountant-General of the Federation (OAGF) commits to complying with court orders on Rivers State’s federal allocations amidst legal challenges
- The Federal High Court ruled that Rivers State’s allocations were based on an unconstitutional budget, but the state has filed an appeal to overturn the judgment
- The OAGF confirmed that Rivers State will continue to receive its allocations pending the outcome of the ongoing appeal process
The Office of the Accountant-General of the Federation (OAGF) has confirmed its commitment to comply with court orders regarding the disbursement of federal allocations to Rivers State, following ongoing legal challenges surrounding the state’s financial entitlements.
In a statement on Friday, November 22, the Director of Press and Public Relations at the OAGF, Bawa Mokwa, said, “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 assurance comes in the wake of a Federal High Court ruling on October 30, 2024, which ordered the Central Bank of Nigeria (CBN) to withhold further monthly allocations to Rivers State.
The court's ruling followed a suit challenging the legality of the budget presented by Governor Siminalayi Fubara to a four-member House of Assembly, which was deemed unconstitutional.
Justice Joyce Abdulmalik, who delivered the judgement, declared that since January 2024, any allocations received and spent by the state had been based on an “illegitimate budget.” The court described this budget as a “constitutional aberration,” stating that the actions taken by the governor, including budget approval by a truncated assembly, violated constitutional provisions.
The ruling raised concerns over the legitimacy of the composition of the Rivers State House of Assembly and its authority to approve budgets.
Justice Abdulmalik emphasised that the governor had bypassed the constitutional requirement for budget approval by a fully constituted House of Assembly, a move she described as an affront to the rule of law.
The case stemmed from a dispute between factions of the Rivers State House of Assembly, with the faction led by Martin Amaewhule challenging the legitimacy of the four-member assembly loyal to Governor Fubara.
The Amaewhule-led Assembly had previously declared in July that all state expenditures would be halted until the governor resubmitted his budget to the legally recognised assembly.
Despite the court's ruling, the Rivers State Government quickly filed a notice of appeal, seeking to overturn the judgement. The state’s Commissioner for Information and Communications, Joseph Johnson, told our correspendonce that the government remained optimistic that the Court of Appeal would reverse the decision.
He further emphasised that the state was not disheartened by the ruling, as the appeal process had already been initiated.
The OAGF has now confirmed that the appeal effectively overrides the court’s earlier ruling, meaning that Rivers State will continue to receive its federal allocations until the appeal process is concluded.
This legal dispute has brought to the forefront issues surrounding the composition of the Rivers State House of Assembly and the broader constitutional implications of the governor’s actions.
The final resolution of the case is expected to have significant ramifications for the state's governance and financial management.
Rivers Crisis: President Tinubu calls for restraint and legal resolution
Meanwhile, TheRadar earlier reported that President Bola Tinubu urged Rivers State political leaders to resolve disputes legally amid rising violence.
Tinubu directs police to secure public facilities and restore order following reports of vandalism and unrest.
