Following the Supreme Court judgment stopping federal allocation to local governments in Rivers State, AMAECHI OKONKWO, writes on the fallouts, including public outcry over the order stopping federal allocation to the LGs in the state.
CONTRARY to the overwhelming belief that the Supreme Court decisions will settle the misinterpretations, confusion and tension created by the several cases generated by the political crisis is Rivers State, the apex court decisions on some of the cases have only worsened the situation and is currently setting the state on a more precarious situation. The court, last Friday, after delays, delivered judgments on some of the cases, prominent among which are the nullification of the October 5, 2024 local government election; the order recognising Honourable Martin Amaewhule and his 26 other colleagues as authentic speaker and members of the state House of Assembly. It also include the order for them to commence immediate legislative activities; the order for Governor Siminalayi Fubara, to present the 2025 budget to the Amaewhule-led assembly and the order to the Central Bank of Nigeria (CBN) and the Accountant General of the Federation to withhold revenue allocation to the state pending the governor’s presentation of the 2025 budget to the Amaewhule-led assembly.
Just like previous decisions of the courts on all cases relating with the political crisis at the various levels of the judiciary efforts to resolve the matter, both parties hit the streets as well as the various mass communication media platforms with their interpretations and what they expect to be the best mode of implementation of the Supreme Court orders.
The state governor and key dramatis personae in the matter, Sir Siminalayi Fubara on Sunday evening made known his impression of the judgments declaring that though the government did not agree with the rulings, he would seek the advice of his team of lawyers after studying the certified true copy of the judgment and implement the orders, accordingly.
He, however, went ahead to demonstrate his readiness by ordering the 23 local government chairmen, whose elections were nullified by the Supreme Court to hand over to the heads of local government administration of their various local government councils. He gave the order during a state-wide broadcast saying that following the law banning the use of caretaker committee to administer the third tier of government in Nigeria, the Local Government Heads of Administration being the most senior at the local government should hold forte at the councils until when the state Independent Electoral Commission (RSIEC) conducts fresh election for the local government councils.
On the implementation of the other orders made by the apex court, the governor stated that his team of lawyers had applied for the certified true copy of the judgment and assured that they will take delivery of the judgment on March 7, 2025 assuring that after studying the judgment he would implement the decisions of the court. “We are all aware of the recent Supreme Court Judgment and pronouncements regarding the lingering political dispute in our dear state. Although we disagree with the judgment, we are bound to abide by the orders made therein as a law abiding government”, he said in the very brief broadcast to the people.
The governor added; “Since inception, we have conducted the affairs of government within the framework of our constitution, due process and rule of law. While we are not above mistakes because we are humans, we believe we have not as government done anything deliberately to trample on the rule of law or the hallowed principles of constitutional governance.
“Accordingly, I have had a meeting with my team of lawyers they have assured me that a certified true copy of the judgment may be available to them by Friday the 7th of March, 2025. I assure you that upon the receipt of the certified judgment we shall study the ramifications and implement them without delay to move the state forward.
“I further direct the out- going local government chairmen to formally hand over to Heads of Local Government Administration by Monday 3rd of March, 2025. I urge everyone to remain calm and peacefully go about their legitimate businesses as we continue to do everything within our power to advance responsibilities to the citizens.
As the governor and his supporters were trying to manage the shock from the Supreme Court verdict, his opponents, compromising mostly of the Amaewhule-led members of the state assembly, the Okocha-led faction of the APC and were busy celebrating. They also have their own version of the interpretation of the supreme Court judgment. First among them is Amaewhule and his 26 other members who could hardly wait for Monday to fully dawn before issuing Governor Fubara a 48-hour ultimatum to present the 2025 budget to the assembly.
Sitting in plenary on Monday, the lawmakers, dwelling upon a motion by deputy Speaker, Dumle Maol stated: “Pursuant to the order of the Supreme Court in Suit No. SC/CV/1174/2024, which calls for the stoppage of statutory federal allocations to the Rivers State Government and the halting of spending from the Consolidated Revenue Fund of Rivers State until an Appropriation Bill is passed, you are requested to present the 2025 Appropriation Bill to the House in accordance with the provisions of the 1999 Constitution as amended. The House expects you to present the 2025 Appropriation Bill within 48 hours.”
In his remarks, Amaewhule condemned the governor’s directive to the heads of Local Government Administration, stating that it was illegal and contrary to the Supreme Court’s decision. He drew the governor’s attention to the provisions of the 1999 Constitution as amended; the Rivers State Local Government (Amendment) Law, 2023, as well as the Judgement of the Supreme Court in Suit No.: SC/CV/343/2024 that prohibits the administration of Local Governments by HLGAs or any other persons other than democratically elected officials.
The assembly’s position was also adopted by Chief Okocha, the sacked chairman of the APC, Rivers State, who in his reaction, demanded not only the presentation of the 2025 budget but also that of 2024. He also criticised the governor for handing over the local government administration to heads of local government administration saying; “They said Martin Amaewhule-led assembly is legitimate, which follows that every other thing they did will be said to be legitimate. At some point in our history when the assembly could not predict what the governor could do, the assembly made a law and said nature does not allow vacuum, in a place where there is some kind of lacuna or vacuum, they made a law that the former chairmen should take over the councils for another three months. That they were aware that the governor would not inaugurate them. They also arrogated to themselves the power to inaugurate them.”
His position only buttressed the decision of some of the former chairmen who where replaced by caretaker committees after the expiration of their tenure in June 2024 before the election of October 5 2024, which the Supreme Court nullified on Friday. Some of them like Samuel Nwanosike, who was the chairman of Ikwerre local government, after the judgment, actually announced that he was going back to resume his position at Isiokpo since the assembly extended their tenure in 2024.
All these different understandings and interpretations have generated so much tension across the state with many fearing that the situation might degenerate physical confrontation and a breakdown of law and other. In the past one and a half years, the state had found itself at the point of anarchy as some people. The issue of the torching many of the local governments after the October 5 elections readily comes to mind here.
However, there are palpable fears that the conflicting interpretations of the Supreme Court decisions in its Friday very and the implementation of those decisions might ignite the crisis that has been feared for the state for a long time now.
Even the security agencies also sensed the tension as they spent most part of Monday in a show of strength. Convoys of the police, army and other security agencies were seen with armed personnel patrolling major parts of the Port Harcourt in anticipation of trouble springing up from any quarters. As at the end of Monday, no violence was reported at any part of the state with actions restricted to airwaves and media platforms as supporters of the different divide of the battle take turns to argue their understanding of the Supreme Court judgment and how best they think it should be implemented.
At the moment, there is an admixture of subdued opposition and applause over the judgment of the apex court on the stoppage of federal allocation to Rivers LGs. There is also a growing wave of claims and counter-claims over what some forces said constitute the real reasons for the judgment that has left the state hovering between reality and fiction.
and then