Court urged to halt further release of LG allocations to Rivers State

Court urged to halt further release of LG allocations to Rivers State

The Federal High Court in Abuja has been urged to stop the Central Bank of Nigeria (CBN), the Accountant General of the Federation (AG-F) and the Federation Account Allocation Committee (FAAC) from further releasing allocations to Local Government in Rivers State.

The request forms part of the reliefs being sought in a suit filed by a former Deputy Speaker of Rivers State, Marshall Stanley-Uwom through a team of lawyers led by Sylvester Evbuomwan.

Listed as defendants in the suit marked: FHC/ABJ/CS/797/2025 are the President of Nigeria, the National Assembly, the Senate, the Senate President, the House of Representatives, the Speaker of the House of Representatives, the Administrator of Rivers State Vice Admiral Ibok-Ete Ibas (retired), the CBN, the AG-F and the FAAC.

The plaintiff is contending, among others, that by virtue of the provisions Section 7 (1) of the Constitution and the Electoral Act and the Supreme Court decision in the case of AGF v. AG, Abia State and others (2024) LPELR-62576 (SC), it was illegal to continue to release allocations to Rivers LGAs which currently do no have elected Chairmen.

He also faulted Iba’s decision to sack elected Chairmen in the state, arguing that the state of emergency declared in Rivers has lapsed because the National Assembly allegedly failed to secure the required votes to legitimise the declaration by the President.

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Stanley-Uwom stated, in a supporting affidavit, that upon taking over the affairs of the government of Rivers State, Iba’s (listed as the 7th defendant, sacked all the elected officers in charge of the affairs of the Local Government of Rivers State and appointed a new set of Local Government Caretaker Committee to run the affairs of the LGA’s in Rivers State.

“The 7th defendant also removed from office the Chairman and members of the Rivers State Independent Electoral Commission (RSIEC) appointed and confirmed by the Rivers State House of Assembly and appoint a new Chairman and members for the Rivers State Independent Electoral Commission (RSIEC).

“The 8th, 9th and 10th defendants (CBN, AG-F and FAAC) have been releasing allocations accruable to the LGAs of Rivers State to the caretaker committees appointed by the 7th defendant and also releasing to the 7th defendant all allocations accrued to Rivers’ state.

“The 7th defendant is utilizing the fund of Rivers State without parliament appropriations.”

Stanley-Uwom wants the court to declare that by virtue of Section 305 (6) (b) of the Constitution the proclamation of state of emergency in Rivers State

issued by the President has ceased to have effect in the absence of a resolution supported by two-thirds majority of all the members of each

House of the National Assembly approving the Proclamation.

He is equally praying for the following reliefs: A declaration that by virtue of Section 197 and 198 of the

Constitution of the 7th defendant cannot legally remove from office theChairman and members of the Rivers State Independent Electoral Commission (RSIEC) appointed and confirmed by the Rivers State House of Assembly and appoint a new Chairman and members for theRivers State Independent Electoral Commission (RSIEC).

*A order that the state of emergency in Rivers State issued and or proclaimed by the President has ceased to have effect.

*An order compelling the 7th defendant to immediately vacate the office of sole administrator of Rivers State and allow the democratically elected Governor of Rivers State resume his office.

*An order restraining the 8th, 9th and 10th defendants from releasing allocations accruable to the Local Government Councils of Rivers State from the Federation Account to the unelected officials appointed by the 7th defendant as caretakers.

 

Court urged to halt further release of LG allocations to Rivers State