* Sim Fubara
Rivers State Governor.
By Pathfinder Reporter
Thursday October 31, 2024
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Former Vice President and Peoples Democratic Party (PDP) presidential candidate in the 2023 general election, Alhaji Atiku Abubakar, has warned the judiciary not to set Rivers State on fire.
Recall that yesterday, the Federal High Court, sitting in Abuja, barred the Federal Government from releasing further monthly allocations to Rivers State.
The court, in the judgment that was delivered by Justice Joyce Abdulmalik, specifically restrained the Central Bank of Nigeria, CBN, from allowing the state to draw funds from the consolidated revenue account
The judgment followed a suit marked FHC/ABJ/CS/984/24, which was brought before the court by the Hon. Martins Amaewhule-led faction of the Rivers State House of Assembly.
Cited as defendants in the matter included the Central Bank of Nigeria, CBN, Zenith Bank Plc, Access Bank P, lc and the Accountant-General of the Federation (AGF).
Others are Governor Siminalayi Fubara, the Accountant-General of Rivers; Rivers Independent Electoral Commission, RSIEC; Chief Judge of Rivers, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.) and the Government of Rivers State.
The plaintiffs had approached the court, praying it to withhold all federal monthly allocations meant for Rivers state.
They predicated their case on the ground that Governor Fubara had yet to comply with the court order that directed him to represent the 2024 Appropriation Bill to the Amaewhule-led faction of the Rivers State House of Assembly.
Also, the Court of Appeal declared that the Rivers State budget was illegal because it was passed by an inchoate Assembly. The court ordered Governor Fubara to present the budget afresh.
But Atiku reacting through his Media Adviser, Paul Ibe, yesterday wondered why Justice Abdulmalik issued the order when it was public knowledge that Rivers State had already challenged the Court of Appeal’s judgment on the legality of Rivers State’s 2024 budget.
Atiku said: “Last week, the Court of Appeal declared that the Rivers State budget was illegal because it was passed by an inchoate Assembly. The court ordered Governor Fubara to present the budget afresh.
“The Rivers State Government has already filed a notice of appeal so that the Supreme Court can hear the matter. However, some elements in the Bola Tinubu administration have procured a judgment intended to undermine the Supreme Court.
“Even before the judgment was delivered, legal luminar, Femi Falana, SAN, had alerted the Chief Justice of the Federal High Court, Justice John Tsoh,o of possible compromise after house gifts had been presented to judges in Abuja. Sadly, Falana’s warning was ignored,” he said.
He hailed the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, for summoning judges sitting on the Rivers State cases.
According to Atiku, “From the emirship tussle in Kano State to the Rivers imbroglio where courts are going as far as preventing elections from holding, taking Nigeria back to the dark days of June 12, 1993, where polls were annulled.
“Sadly, under the leadership of those who claim to have fought for Nigeria’s democracy, the country is descending into chaos with conflicting orders from courts of coordinate jurisdiction flying all over the place while judges are being induced in the name of empowerment and provision of houses.
“The result is that Nigerians are gradually losing confidence in an institution which prides itself as the last hope of the common man.
“Foreign investors will avoid any place where judgments can be bought by the highest bidder.
“Nigeria should not descend to the Hobessian state of nature where life is short, nasty, and brutish, where citizens opt for self-help.
“Rivers State accounts for almost 25 percent of Nigeria’s oil assets. For a country facing an economic crisis worsened by vandalism and banditry, Tinubu should put his 2027 ambition aside and put Nigeria’s interest first,” he added.
* MOSOP calls for caution
Reacting to the court judgment, President of MOSOP, Fegalo Nsuke said: “Denying a people, their legitimate source of living is both unjust and genocidal. There cannot be a more destructive and conscienceless action worse than denying people their source of living. It is tantamount to gross injustice and genocidal. MOSOP does not think any arm of government should exist to have such impacts on the people.”
He noted that the court decision raises a lot of questions, given pending legal issues in various courts, concerning the subject matter,r including appeals to existing judgments that are pending before the Court of Appeal.
Nsuke expressed worries that the people of Rivers State were being pushed to the wall and could be compelled to fight back.
He noted that political differences should not be allowed to degenerate into a source of social crises, adding that denying the people legitimate sources of survival and livelihood could spark unprecedented resistance from the Niger Delta state of Rivers.
“MOSOP thinks that Rivers State is too fundamental to Nigeria’s stability and economic development and suppressing or attempting to suppress Rivers State could have far-reaching effects on the stability and economic security of the Nigerian society.
“It is, therefore, important to allow ongoing litigation to be respected, more so when matters are before an appellate court. It is questionable to find issues before courts of competent jurisdiction to be enforced while the appeal is pending,” Nsuke added.
* Court decision on Rivers allocation, a threat to Nigeria’s democracy — Sara-Igbe
The National Coordinator of the South-South Elders Forum, Chief Anabs Sara-Igbe, described the decision of the court as a threat to the nation’s democracy.
Sara-Igbe in Port Harcourt said: “It is not strange to us. We are not surprised that this woman will come out with this kind of decision. From the beginning of this matter, she has been so biased and even when there was a petition for her to recuse herself, she refused to do.
“She refused to attend to all the motions that were filed. And she went ahead to give the judgment. We know it. Our concern is the judiciary.
“The Nigeria judiciary is so rotten that people begin to doubt their capability. Yesterday, the judiciary was the last hope man, but today, the reverse is the case.
“I see no reason the court in Abuja will be so interested in cases from Rivers State when there are Federal High Courts in Rivers State and state High Courts, as well as Court of Appeal. Yet, they prefer to go to Abuja, and the Chief Justice of the Federal Hogh Court will allow it.
“We are waiting for the committee set up by the Chief Justice of Nigeria, to see the reforms she will come with. If she cannot reform the judiciary, then the judiciary is gone. But we pray they should not truncate the democracy in Nigeria because where there is no justice, there is room for anarchy. And when anarchy comes, it is destructive. But I pray that reason should apply.
* CISLAC worries over judgment halting Rivers allocation, warns against destabilizing Nigerian democracy
Similarly, the Civil Society Legislative Advocacy Centre (CISLAC) has expressed profound concern over the recent Federal High Court ruling that restricts the Central Bank of Nigeria (CBN) and other financial institutions from releasing monthly allocations to the Rivers State Government.
In a statement signed by CISLAC’s Executive Director, Comrade Auwal Musa Rafsanjani, he warned that judicial decisions of this nature pose a serious threat to Nigeria’s democracy, economic stability, and the public’s confidence in the judicial system.
“It is deeply troubling that certain judicial rulings appear to serve the interests of a select few, undermining the rule of law and the foundational tenets of Nigeria’s democracy,” Rafsanjani stated.
“Nigeria’s states are vital components of our constitutional framework, led by elected governors charged with managing resources for the benefit of citizens. Blocking allocations not only undermines this autonomy but sets a dangerous precedent, risking destabilization and endangering regions currently at peace.”
Rafsanjani called attention to the growing perception that some judicial actors are compromising the integrity of Nigeria’s judiciary. “In the past, positions in our judiciary were held with integrity, and reckless rulings were unthinkable.
“But recent events in Kano and Rivers suggest a troubling trend, where rulings risk eroding public trust, discouraging investment, and further challenging our judicial processes and systems.”
The statement emphasized the role of international accountability, noting, “Judicial officers should remember that organizations like Transparency International and the World Justice Project rank judiciary systems globally.
“Nigeria’s position on the Transparency Perception Index reflects our need for transparent governance. Actions that disrupt constitutional allocations will only harm our global standing and drive away potential investors who lack confidence in the judicial system.”
He urged the Chief Justice of Nigeria to act decisively in maintaining judicial standards and to caution judges against rulings that could inadvertently destabilize Nigeria’s democracy or economic structure.
“CISLAC urges the judiciary to hold firm to democratic values, ensuring decisions respect the constitution and reflect the will of Nigerians, safeguarding both state and national stability.”
“In these challenging times, CISLAC calls on the judiciary, the executive, and all stakeholders to uphold democratic principles and prioritize the welfare of Nigerians above all other considerations,” the statement concluded. “Our nation’s stability, unity, and progress must remain at the forefront of governance efforts.
Meanwhile, the Rivers State Government on Wednesday appealed the Federal High Court, Abuja’s judgment which retrained the Central Bank of Nigeria from further releasing allocations from the federation account to the state.
This was revealed on Wednesday by the Rivers State Commissioner for Information and Communication, Joseph Johnson, during the first-anniversary celebration of the failed attempts to impeach Governor Siminalayi Fubara by the Martin Amaewhule-led state House of Assembly loyal to the FCT minister, Nyesom Wike.
Johnson said that the judgment had been appealed, expressing optimism that the Appeal Court would upturn the judgment. He said the pointers to the anticipated judgment were glaring, adding that they were unperturbed as they had already instituted an appeal against the Federal High Court judgment.
He stated further, “We saw this judgment coming the way it did when the trial judge refused 23 council chairmen as joinders, refused the state to change their lawyer, and refused our objection challenging jurisdiction of the federal high court.
“The judgment has already been appealed and l believe that the Court of Appeal will upturn the judgment. We are not panicked and there is no cause for alarm.”
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