The Appeal Court of Nigeria on Friday, December 13, 2024, overturned a controversial ruling by the Federal High Court in Abuja, which had ordered the seizure of the state’s allocations from the Federation Account. This momentous decision challenges the earlier judgment delivered on October 30, 2024, by Justice Joyce Abdulmalik of the Federal High Court, Abuja.
Justice Abdulmalik’s ruling had created a political storm when she ordered the suspension of Rivers State’s allocation, demanding that the state government present its 2024 budget to a faction of the state’s House of Assembly led by Martin Amaewhule. This faction, loyal to the Federal Capital Territory (FCT) Minister, Mr. Nyesom Wike, had been embroiled in a bitter power struggle with Governor Siminalayi Fubara's administration.
But the Appeal Court, in a landmark ruling today, nullified the Federal High Court’s order, labeling it as a gross injustice. The judgment, delivered by a panel led by Justice Hamma Barka, declared that the attempt by the pro-Wike group to seize the statutory allocation of Rivers State was an “aberration” and beyond legal bounds.
Justice Barka ruled that the Federal High Court did not have the jurisdiction to entertain the case, underscoring that the issue at hand – a state’s appropriation process – was purely a matter for state courts, not a federal one. The Appeal Court made it clear that the mere listing of federal agencies in the suit did not grant the Federal High Court unrestricted power to intervene in matters involving state governance.
This ruling has sent shockwaves through political circles, particularly in Rivers State, where the dispute over control of the House of Assembly has been a flashpoint of tension. The pro-Wike faction, seeking to challenge the legitimacy of Governor Fubara’s leadership, had used the seizure of state allocations as leverage in their ongoing power struggle.
The Appeal Court's decision is a resounding affirmation of state sovereignty, asserting that no external forces, including the Federal Government, can undermine the rightful governance of a state by meddling with its financial allocations. For Rivers State, this ruling not only ensures continued access to its Federation Account allocations but also reaffirms the integrity of the state’s democratic processes.
Legal experts and political analysts alike have hailed the judgment as a crucial win for constitutional order and the principle of federalism. It is seen as a powerful statement against the overreach of federal institutions in state affairs, particularly in matters involving the finances and governance of individual states.
As tensions in Rivers State politics continue to simmer, today’s ruling serves as a pivotal moment in the ongoing battle for control between rival factions in the state’s political landscape. With this ruling, Governor Fubara and his supporters have scored a significant legal and political victory, ensuring that the state can continue to function without undue interference.
