Wike loses as Appeal Court thrashes ruling ordering seizure of Rivers allocation

The Court of Appeal has nullified a controversial judgment that ordered the seizure of the Rivers State statutory allocation and revenue  from the Federation Account.

The ruling is a major setback for the loyalists of Nyesom Wike, the Minister of FCT, who procured the now thrashed order.

Justice Hamma Akawu Barka had on December 13, 2024,  ruled that the Federal High Court lacked jurisdiction over the matter, affirming the argument presented by Chief Chris Uche, SAN, the legal counsel of Rivers State, who contended that the federal court lacked the authority to entertain the suit.

The Appeal Court judgement resonated well with the Rivers State people across the state, who trooped poured onto the streets jubilating.

The coalition of opposition groups, including the Joint Action for Democracy, Human Rights Writers’ Association of Nigeria (HURIWA),  and Lawyers in Defence of Democracy, lauded the judgment, describing it as a major step towards the preservation of federalism and sustaining constitutional democracy in the country.

In a statement, Hon. Ikenga Imo Ugochinyere, the spokesperson of the opposition coalition, said the ruling protected the integrity of the state and the nation’s democratic framework.

“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,” Ugochinyere stated.

“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

“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.”

The vocal lawmaker clarified: “According to the Supreme Court judgment, the 4-man House of Assembly is recognised 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.“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.”

Recall that Wike has been locked in protracted bitter battle with Governor Sim Fubara over the control of Rivers State.

The fight has torn the state in the middle with the majority of state lawmakers loyal to the FCT minister defecting from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC, allegedly at the bidding of the minister.

Having realised their mistake, the lawmakers are strangely denying their defection done publicly on live television and backed with court affidavits.

However, the few Fubara loyalists have continued making laws for the state, including declaring vacant the seats of the defected lawmakers.