Mohammed Shosanya
A Court of Appeal sitting in Abuja on Friday nullified a judgment by the Federal High Court seeking to seize Rivers State’s statutory allocation / revenue from federation purse.
In a judgement delivered by Justice Hamma Barka,the appellate court said the lower court lacked the jurisdiction to entertain the suit, and that mere listing of federal agencies does not confer unrestricted jurisdiction on the Federal High Court.
Justice Barka ruled 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, Chris Uche (SAN), that the Federal High Court lacks jurisdiction to entertain issues relating to the revenue of Rivers State.
The opposition lawmakers coalition said it is a victory for constitutional democracy and restoring the judiciary’s image.
The group described it as a triumph of the rule of law, the principle of federalism, and an end to one’s desperation to destroy the image of the judiciary.
It added that the Appeal Court has averted anarchy and constitutional disorder planned against the people.
The opposition lawmakers coalition in the statement signed by its spokesperson, Ikenga Ugochinyere 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, and 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 the 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 the right to make law for the state.
“Until an 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.
“You can understand when people are political sadists, when all they see is anarchy, inflicting pain on innocent people.”
