TheNigeriaLawyer Editorial

The ongoing legal dispute involving the current Governor of Rivers State, Siminalayi and a group of legislators in the Rivers State House of Assembly loyal to his predecessor and current Minister of the Federal Capital Territory, (FCT), Nyesom Wike, has reached a critical juncture that demands urgent attention and caution as it has potential of not just affecting Rivers State but the entire country.

The Federal High Court in Abuja, presided over by Hon. Justice Joyce Abdulmalik, has dismissed the Rivers State Government’s request to stay proceedings in a suit that seeks to halt federal allocations to local government areas within the state. This decision by the court, which is viewed by many as unwarranted, has prompted the state government to appeal the matter to the Court of Appeal in Abuja, seeking intervention. Eberechi Suzette Wike, the wife of Nyesom Wike, happens also to be a Justice of the Court of Appeal, Abuja Division, which will be adjudicating the matter.

The implications of this ruling are profound and potentially disastrous especially in a moment of National hardship and economic sufferings across the country. If the court ultimately gives judgment in favour of the Pro-Wike Group, the consequences could be catastrophic for the state and its citizens. The prospect of local government workers going without salaries, schools lacking teachers, hospitals being deprived of essential medicines, and a general breakdown of public services stare before the good people of Rivers State. Such a situation could lead to social unrest and further threaten the already febrile situation in Rivers State. A contagion effect on Nigeria’s oil revenue is foreseeable because Rivers State is one of the major oil-producing states in the country.

Moreover, the Accountant General of the State has raised serious concerns regarding the fairness of the proceedings. Accusations of bias against the presiding judge have surfaced, with calls for recusal based on the judge’s refusal to hear jurisdictional contentions whenever they are brought up. It is worth noting that Hon. Justice Joyce Abdulmalik resides in Abuja, and the senior lawyer Joseph Daudu, SAN, hired by the Pro-Wike Group, also lives in Abuja. They enjoy the comfort of the Federal Capital Territory (FCT), where government facilities and services are functional. One cannot help but wonder how the judge would react if any parties in the FCT were asking the court to seize the FCT’s allocation, potentially crippling its ability to function effectively. The judge may not fully comprehend the tension, reality on the ground, and security implications if the judgment goes against Rivers State and the state’s allocation of revenue from the Federation Account is seized.

”I advise that this Court should not inflict additional hardship on the people of Rivers State, who are already enduring severe economic challenges resulting from President Tinubu’s economic policies. The impact of Naira devaluation and the removal of petroleum subsidies has significantly affected the mental and material well-being of Nigerian citizens. Therefore, any judicial decision that could further strain the state’s resources would be detrimental to public interest.”

This legal battle is not merely a political skirmish; it is a direct threat to the livelihoods of the people of Rivers State. The funds in question are not the property of any individual or group but belong to the citizens of Rivers, a constitutional state established by law. Allowing this suit to proceed unchecked could set a dangerous precedent, undermining democracy and governance across Nigeria. If the court permits the pro-Wike Group to hold state funds hostage due to personal grievances, it risks inciting anarchy and destabilizing not only Rivers State but also the broader region, including critical industries such as oil facilities.

On a secondary consideration, if Rivers State’s allocation were to be seized, the oil facilities within the state would face significant security risks. This comes at a particularly sensitive time when the Federal Government is intensifying efforts to combat oil theft and increase Nigeria’s oil output to alleviate pressure on the Naira and enhance foreign exchange earnings, especially given that the Naira currently ranks among the world’s worst-performing currencies. A Niger Delta militia group known as the Niger Delta Development Force has already been reported to have threatened to shut down oil installations in the Niger Delta region if any judge in Abuja issues a pronouncement that financially incapacitates local government in Rivers State, preventing them from fulfilling their duty to the people.

According to NNPC’s September 2024 report, authorities detected and destroyed over 8,000 illegal refineries and 5,800 illegal oil pipeline connections in the preceding six months. One must consider the implications if state allocations were to be seized by court order. While some might suggest deploying additional military and security agencies, it is worth noting that despite existing security presence, we continue to witness such extensive illegal operations.

It is worth recalling here the current situation in Imo State resulting from the Supreme Court ruling in January 2020 concerning the governorship of Imo State. The late Justice Centus Nweze’s prescient observation bears consideration: the decision of Nigeria’s Supreme Court on the Imo governorship election was erroneous and ‘will continue to haunt our (Nigeria’s) electoral jurisprudence for a long time to come.’ Justice Nweze, then serving on the apex court, made those remarks in his now famous dissent regarding the application filed by Emeka Ihedioha of the Peoples Democratic Party (PDP). There effects of that decision have been hydra-headed. This week, the Court of Appeal, Owerri Division, has suspended sittings citing security concerns. According to the Court, “Despite the fact that we have issued a Hearing Notice for the period from October 28th to November 1st, we are compelled by some security concerns to postpone the sittings this week. All Hearing Notices issued are hereby cancelled.”

In light of these grave concerns, we urge the judiciary to exercise caution and consider the broader implications of its decisions. The stakes are too high for the people of Rivers State, and the potential fallout from this case could reverberate throughout the nation. It is imperative that justice is served not only in the courtroom but also in the lives of the citizens who depend on stable governance and public services. The time for decisive action is now; the future of Rivers State and Nigeria hang in the balance.

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