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Court of Appeal has annulled a controversial judgment that aimed to seize the statutory allocation and revenue of Rivers State, a decision that had the support of Minister of FCT, Nyesom Wike and his allies.
On December 13, 2024, Justice Hamma Akawu Barka ruled that the Federal High Court did not have jurisdiction over the matter, emphasising that disputes related to state revenue should be resolved within the state’s judicial framework rather than in federal courts.
The ruling was strongly supported by the legal team representing Rivers State, led by Chief Chris Uche, SAN, who argued against the federal court’s authority to adjudicate such issues. This decision was met with widespread approval across Rivers State, with many residents celebrating the ruling in the streets.
Various opposition groups, including the Human Rights Writers’ Association of Nigeria (HURIWA), Joint Action for Democracy, and Lawyers in Defence of Democracy commended the judgment for reinforcing federalism and the principles of constitutional democracy in Nigeria.
In a statement issued by the Opposition Lawmakers Coalition, spokesperson Hon. Ikenga Imo Ugochinyere noted that the ruling safeguarded the integrity of the state and upheld the nation’s democratic processes. The coalition also criticized the pro-Wike faction for allegedly attempting to manipulate the judiciary for political gain, asserting that the Appeal Court’s decision helped prevent further disruption in the political landscape.
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.”
