Appeal Court overturns ruling ordering seizure of Rivers allocation

The Court of Appeal has nullified a controversial judgment that sought to seize the statutory allocation and revenue of Rivers State, a move backed by supporters of the Minister of FCT, Nyesom Wike.

The opposition coalition has hailed the ruling as a triumph for the rule of law and a significant blow to attempts to undermine the judiciary.

In its decision on December 13, 2024, Justice Hamma Akawu Barka ruled that the Federal High Court lacked jurisdiction over the matter, affirming that issues related to state revenue should not be handled by federal courts.

The Appeal Court upheld the argument presented by Rivers State’s legal counsel, Chief Chris Uche, SAN, that the federal court had no authority to entertain disputes about the state’s revenue.

The ruling was celebrated widely across Rivers State, with residents taking to the streets in jubilation. The opposition coalition, including the Human Rights Writers’ Association of Nigeria (HURIWA), Joint Action for Democracy, and Lawyers in Defence of Democracy, praised the judgment as a critical step in preserving federalism and upholding constitutional democracy in the country.

The Opposition Lawmakers Coalition, in a statement from its spokesperson, Hon. Ikenga Imo Ugochinyere, said that the judgment protected the integrity of the state and the nation’s democratic framework.

The group condemned the actions of the pro-Wike faction, which had been attempting to use the courts for political manoeuvring, and stated that the Appeal Court ruling had prevented further chaos.

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 to unleash anarchy on the state and putting pressure on our courts in a desperate bid to undermine democracy in Rivers State. According to the Supreme Court judgment, the 4-man House of Assembly is recognized by law, and until the Supreme Court decides on the issue of their illegal defection, they don’t have the right to make laws for the state.

“Until a by-election is held to fill those vacant seats, the remaining members can preside.

“The decision of the Appeal Court to nullify the judgment of the Federal High Court ordering the seizure of Rivers State government’s allocation is a welcome development and a triumph for the rule of law, a victory for true federalism and constitutional governance, and should be applauded by all Nigerians. These eminent judges have interpreted already established judicial principles 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 the federation account, and state appropriation acts, which are internal affairs of the state and fall under the powers and jurisdiction of the state high courts, which the Federal High Court has no business with.

“You want the allocation of a state to be seized so Nyesom Wike will be happy? You can understand when people are political sadists, when all they see is anarchy, inflicting pain on innocent people,” Ikenga said.

“This is a huge setback for the pro-Wike group who wants to use our sacred courts to pursue their petty malice against a man who did them no wrong.”