The Court of Appeal has nullifies judgement seeking to seize Rivers state people’s statutory allocation.
HURIWA, JOINT action for democracy, Lawyers in defence of democracy, Opposition Lawmakers Coalition have, however hailed the judgement as a historic decision that have preserved the principle of federalism and constitutional democracy.
The appeal court in a judgement delivered Friday 13th December 2024 by Justice Barka 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 court also held that the subject matter which is the appropriation issue of a state should not have been entertained.
The Court upheld the submissions of Counsel to the Rivers State Government, Chief Chris Uche, SAN that the Federal High Court lacked jurisdiction to entertain issues relating to the revenue of Rivers State.
Reacting to the development, the opposition lawmakers coalition said the Appeal Court has averted anarchy and constitutional disorder in Rivers State.
The Opposition lawmakers Coalition, in the statement signed by its Spokesperson, Hon. Ikenga Imo Ugochinyere hailed the judgment, describing it as a victory for constitutional democracy and restoring the judiciary’s image.
He said; “The 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 for 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 judgement, the 4-man House of Assembly is recognized by law and until the Supreme court decides on the issue of their illegal decampment, 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 an internal affairs of the state, which falls under the powers and jurisdiction of the state high courts which the federal high court has no business.
“This is a huge setback for those who wants to use our sacred courts to be pursuing their petty malice against a man who did them no wrong.”
