The Office of the Accountant General of the Federation has stopped the payment of federal allocations to the Rivers State Government in compliance with the court decision, as the Court of Appeal in Abuja on Friday heard an appeal challenging the decision.
A three-member panel of the appeal court led by Hamma Barka on Friday reserved its verdict on the state government's appeal against staying the trial court's decision. Central Bank of Nigeria (CBN) by releasing the South-South State's monthly allocation.
Rivers State Governor Siminalai Fubara and the state government had filed an appeal challenging the October 30 ruling of the Federal High Court in Abuja.
In the now controversial judgment, Federal High Court judge Joyce Abdul Malik termed the distribution of monthly allocation to the state from January as a clear constitutional violation which should not be tolerated.
The judge subsequently barred the CBN, the Accountant General of the Federation, the state bankers – Zenith Bank and Access Bank – from allowing the state government to access funds from the consolidated revenue and federation account.
Governor Fubara and the Rivers State government immediately appealed the decision.
The other appellants are the Accountant General of Rivers State and Zenith Bank Plc.
appeal hearing
At the appeal hearing, on Friday, the governor, through his counsel, Yusuf Ali, a Senior Advocate of Nigeria (SAN), prayed the three-man panel of the court led by Hamma Baraka to set aside the order issued by the Supreme Court. Federal High Court in Abuja on 30 October.
Lawyers for Mr Ali and the other appellants urged the court to allow their client's appeal and set aside the lower court order.
But the faction led by Martin Amewuhle of the Rivers State House of Assembly, which obtained the Federal High Court judgment, asked the court to dismiss the appeal.
He presented his arguments in court through his team of lawyers led by SAN Joseph Dawdu.
Factional members of the Rivers State House of Assembly, loyal to the immediate former governor of the state and current Minister of the Federal Capital Territory (FCT), Nsom Wike, had persuaded a lower court to block all federal monthly allocations for Rivers . State.
He presented his case on the grounds that Governor Fubara refused to comply with the court order directing him to represent the state's 2024 Appropriation Bill before it.
Governor Fubara had insisted that the group led by Amaewule was no longer legislators in the state.
He alleged that he has defected from the Peoples Democratic Party, PDP, which sponsored his election, and joined the All Progressives Congress (APC).
After the parties adopted their respective written addresses, the Court of Appeal panel said that the date of the decision would be communicated to the parties.
Before the adjournment, the court on Friday merged a total of five appeals related to the case into one.
Accountant General's Office speaks
Meanwhile, the Office of the Accountant General of the Federation (OAGF) on Friday announced that it has halted the distribution of October revenue payment to Rivers State, citing a Federal High Court ruling.
OAGF spokesperson Bawa Mokwa, speaking to journalists on Friday, stressed that the Federal Government will respect the court order with due diligence until any contrary order is issued.
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“What I found is that the October 2024 FAAC has not been delivered yet. However, the Federal Government will abide by the court order on the matter of allocation to Rivers State,” he said.
The OAGF spokesperson further said that due diligence will be followed “unless there are orders to the contrary,” adding that “the process of disbursement of the monthly allocation for October 2024 is underway.”
This development comes amid the ongoing political tussle between Governor Fubara and the Federal Capital Territory (FCT) Minister, Nyesom Wike.
The Martin Amahuele-led faction of the Rivers State House of Assembly is loyal to Mr Wike, a former governor of Rivers State.
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