
Stakeholders in Rivers State, including political analysts and party stalwarts, have condemned the Federal High Court judgement stopping the federal allocations accruing to Rivers State.
In a swift reaction, however, the state government has appealed the judgement, saying there’s no cause for alarm.
The state Commissioner for Information and Communications, Joseph Johnson, while reacting, said the state saw the judgement coming when the trial judge refused 23 Local Government chairmen as joinders, refused the state to change their lawyer, as well as its objection challenging the jurisdiction of the Federal High Court.
Johnson said, “The judgement has already been appealed, and I believe that the Court of Appeal will overturn the judgement. We are not panicking, and there is no cause for alarm.”
Meanwhile, a lawyer and political analyst, Dr Chukwuma Chinwo, said it is unfortunate that politicians have resorted to using the judiciary to achieve their desperate desires.
He warned that if the country allows the Federal High Court judgement to prevail, it is an indication that the country is on the road to the complete destruction of democracy.
Chinwo said, “It is unfortunate that we are now living in a world where everything in this country is at the instance of the Federal Government through the judiciary. Sadly, the Federal High Court, which ordinarily does not have the authority to intervene in matters of the administration of a state, is doing all these kinds of things, but we expect that the judiciary should have reason properly, as the politicians will do whatever they want in the interest of their political gain.”
The lawyer regretted that the judiciary, which is expected to live up to the principles of adhering to precedent to ensure that equity and social justice prevail, is rather playing to please politicians.
He stated, “The danger is that if what is happening in Rivers State is allowed to happen, then we are on the road to the destruction of democracy.”
“What is happening in Rivers State appears to be different; the undisguised instance of a politician doing things as he wants. Many people have urged the President to call the Minister of Federal Capital Territory, Nyesom Wike, to order, but the President doesn’t seem to be doing that.”
The lawyer lamented that while the political actors fight, the people suffer the consequences and advised that a better approach be adopted to settle this matter.
“With due respect to all the judges, the Federal High Court is wrong to order the Accountant General not to release funds to the State. If nothing right is done, I fear the consequences,” he stated.
Also speaking, another lawyer and public affairs analyst, Living Jamala, said the judgement of the Federal High Court sitting in Abuja Judicial Division with respect to the stoppage of the Federal allocation accruing to Rivers State is regrettable legally and morally.
He said, “Yes, the Supreme Court, as far back as 2004, in the case of the Attorney General of Lagos State v. Attorney General of the Federation & Ors, unequivocally laid the pronouncement as to whether or not a state allocation can be stopped owing to any constitutional infractions.
“In that case, the Supreme Court was emphatic to the extent that the Federal government lacks the vires to withhold statutory allocations that enure to a state and ordered the Federal Government to release all withheld monies belonging to the Lagos State government.
“Ordinarily, with that precedent emanating from the apex court of the land, it would have been safe to hold that the judgement as given today by my Lord was unexpected.
“In Shittu v. Nig. Agric & Coop. Bank Ltd (2001) 10 NWLR (pt.721) 289 @317-318, per Obadina JCA, the Court of Appeal, Kaduna Division held that issues that deal with and are related to state revenue and taxes are not among the lists of items as contemplated by S. 251 of the 1999 Constitution as amended to clothe the Federal High Court with the requisite jurisdiction to adjudicate over.
“Notwithstanding the decision, unsatisfied parties in the suit reserve the right to ventilate their disapproval of the reasoning of the trial court, and once a motion for the stay of the execution of the judgement is lodged, it puts to rest, or better still, allays all fears concerning and related to the consequences of the decision of the court per the first instance, subject, however, to the holding of the Court of Appeal.”
He appealed to the citizens not to panic but to be confident in the judiciary in the belief that whatever is right, whatever is legal, and whatever is justified will be achieved in the end, saying he does not see the judgement standing the test of time.
In his response to the Tony Okocha-led All Progressives Congress, APC, in the state, he said all of that would have been avoidable if Governor Siminalayi Fubara had listened to wise counsel.
He said that the Governor missed an opportunity to remedy the situation when he showed disrespect and disregard to President Bola Ahmed Tinubu by disregarding the 8-Point Peace Pact from the intervention of Mr President when the governor himself sought the intervention of Mr President in the resolution of the political crisis in Rivers State.
He added that the situation escalated to an irredeemable point when Governor Siminalayi Fubara started listening to crisis entrepreneurs and political merchants who advised him to disobey, disregard, and talk down on court judgements—people whose only interest was to milk the State dry.
Okocha added that the attempt to blackmail and disparage the image and reputation of the Nigerian judiciary through a sponsored campaign of calumny was the height of cluelessness.
He, however, expressed total confidence in the Nigerian judiciary to deliver justice in all matters brought before her, including the matters in Rivers State, which involve any breach of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and any other matters related thereto.
On the way forward, Okocha said that the law of the land must be obeyed by all and sundry, irrespective of status or class, to avoid a breakdown of law and order in society.
He added that obeying court judgements and orders shouldn’t be done in a cherry-picking manner the way Governor Siminalayi Fubara has been doing in Rivers State.
He called on the citizenry to rise up and defend the judiciary at all times and support President Bola Ahmed Tinubu in his efforts toward transforming Nigeria and revamping the socio-economic situation of the country in line with his Renewed Hope Agenda for a better Nigeria.