The Accountant General of the Federation’s Office (OAGF) has confirmed that Rivers State will still receive its federal allocation for October, despite an ongoing legal battle. This reverses earlier indications that the funds might be withheld.
The controversy stems from a recent ruling by Justice Joyce Abdulmalik of the Federal High Court in Abuja. Delivered on October 30, 2024, the judgment favored a faction of the Rivers State House of Assembly, declaring certain actions by Governor Siminalayi Fubara and his loyal Assembly members unconstitutional. However, the judgment has been appealed, and the OAGF has stated that the appeal effectively suspends the earlier decision, allowing the state to continue receiving federal funds for now.
Bawa Mokwa, Director of Press and Public Relations at the OAGF, explained the federal government’s position.
“We are going to obey court orders. Since there is a notice of appeal, that notice has overridden the earlier court judgment. Rivers State will be paid until there is a further court directive to the contrary,” Mokwa stated.
This assurance comes after uncertainty over whether Rivers State would face financial sanctions following the court’s ruling, which questioned the legitimacy of decisions made by Governor Fubara’s faction of the Assembly.
Justice Abdulmalik’s judgment addressed significant constitutional violations. The court ruled that Governor Fubara’s presentation of the 2024 budget to a four-member Assembly loyal to him was unlawful. The judge declared that the budget and all subsequent allocations or expenditures based on it were invalid.
The judgment referenced earlier rulings by both the Federal High Court and the Court of Appeal, which annulled the authority of the Fubara-aligned Assembly. Justice Abdulmalik emphasized that the Assembly’s decisions violated Sections 91 and 96 of the 1999 Constitution, which require a quorum and proper legislative procedures.
“Any continued bypassing of legislative processes constitutes an affront to the rule of law,” the judgment warned.
The legal dispute is rooted in a broader political crisis within the Rivers State House of Assembly. The Assembly is divided into two factions: one led by Martin Amaewhule, aligned with former Governor Nyesom Wike (now the Minister of the Federal Capital Territory), and the other supporting the incumbent governor, Siminalayi Fubara.
The conflict escalated after Fubara’s faction of just four members, out of a much larger Assembly, attempted to operate as the legitimate legislative body. This led to a series of lawsuits and counterclaims, culminating in Justice Abdulmalik’s ruling.
Wike, a powerful figure in Rivers politics, is believed to have significant influence over Amaewhule’s faction. His strained relationship with Fubara, who succeeded him as governor, has deepened the crisis, leaving the state’s governance in turmoil.
The legal battles and political divisions have had far-reaching consequences for Rivers State. Critics argue that the ongoing disputes have stalled effective governance and disrupted the implementation of critical projects.
Governor Fubara’s administration has defended its actions, claiming they were necessary to ensure continuity and stability in the state. However, opposition voices within the Amaewhule-led faction insist that Fubara’s approach undermines democratic processes and violates constitutional norms.
The court ruling against Fubara’s budget has also raised questions about the legality of allocations received and spent by the state since January 2024. Observers fear that further delays or reversals in federal allocations could exacerbate the state’s financial challenges, affecting its ability to deliver essential services.
With the appeal in place, the OAGF has clarified that federal allocations will continue until the courts issue a new directive. This provides temporary relief for Rivers State but does not resolve the underlying issues.
Legal experts suggest that the appellate courts will need to address not just the procedural aspects of the case but also the broader constitutional implications of the Rivers State Assembly’s actions.
Meanwhile, stakeholders in Rivers State, including civil society groups and traditional leaders, have called for a peaceful resolution to the crisis. Many have urged the political factions to prioritize the state’s development over personal or political interests.
The confirmation from the Accountant General’s Office ensures that Rivers State will continue to receive its October federal allocation, at least for now. However, the ongoing legal and political battles underline the fragile state of governance in the region.
As the courts deliberate on the appeal, the spotlight remains on Rivers State, where political rivalries and constitutional questions have created a complex and uncertain situation. For now, the people of Rivers State are left hoping that their leaders can rise above the divisions to restore stability and focus on addressing the state’s pressing challenges.
