Appeal Court Nullifies Ruling on Seizure of Rivers State’s Statutory Allocation

ABUJA — The Court of Appeal in Abuja has overturned a Federal High Court ruling that sought to seize Rivers State’s statutory allocation from the federation account.

In the judgment delivered by Justice Hamma Barka, the appellate court ruled that the Federal High Court lacked jurisdiction to entertain the matter. Justice Barka emphasized that merely listing federal agencies as parties in the case does not automatically grant jurisdiction to the Federal High Court. He further noted that the issue of appropriation is a state matter and falls outside the purview of federal jurisdiction.

The Rivers State Government’s legal team, led by Chris Uche (SAN), successfully argued that revenue matters concerning the state should not be adjudicated by the Federal High Court.

Reactions to the Judgment

The verdict has been hailed as a victory for constitutional democracy and the principle of federalism. Opposition lawmakers described it as a triumph for the rule of law, highlighting the judiciary’s role in safeguarding democratic principles. The coalition also criticized attempts to undermine democracy in Rivers State, particularly amid ongoing legal disputes involving the State House of Assembly and alleged unlawful defections of lawmakers.

Pro-democracy groups, including the Human Rights Writers Association (HURIWA), Joint Action for Democracy, and Lawyers in Defence of Democracy, echoed these sentiments, calling the ruling a historic decision that preserved federalism and constitutional governance.

Key Points from the Opposition Coalition

In a statement by its spokesperson, Ikenga Ugochinyere, the coalition condemned efforts to destabilize Rivers State, describing them as politically motivated. They noted that the judgment reinforces the Supreme Court’s position that internal state matters, such as appropriation acts, are within the jurisdiction of state courts and not federal courts.

The coalition argued that the ruling averts potential constitutional crises and ensures that Rivers State can govern without undue interference, respecting the principle of separation of powers and federalism.

This ruling is seen as a pivotal moment in clarifying jurisdictional boundaries between state and federal courts, further strengthening Nigeria’s democratic institutions.

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