Odinkalu faults ruling on Rivers’ funds, cites S’Court precedent on Lagos allocation under Tinubu

Professor Chidi Odinkalu, a prominent human rights advocate and lawyer, has expressed strong criticism of a Federal High Court ruling that prevents the Central Bank of Nigeria (CBN) from disbursing funds to the Rivers State Government until a valid appropriation act is enacted by a duly constituted House of Assembly.

Earlier on Wednesday, it was reported that Justice Joyce Abdulmalik of the Federal High Court in Abuja issued the ruling in response to a case brought by a faction within the Rivers State House of Assembly, led by Martins Amaewhule and aligned with former Governor Nyesom Wike.

In her judgement, Justice Abdulmalik ruled that Governor Siminalayi Fubara’s decision to submit the 2024 Appropriation Bill to a four-member assembly, which she deemed improperly constituted, should not proceed.

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As a result, the court order effectively halts any disbursements to the Rivers State Government until the required legislative measures are completed. This implies that the state’s financial activities will be suspended until the House of Assembly enacts a legitimate appropriation law.

In an earlier case, the Court of Appeal in Abuja had affirmed Amaewhule’s position as the legitimate Speaker of the Rivers State House of Assembly, dismissing Governor Fubara’s challenge. This decision stands despite the fact that the pro-Wike lawmakers had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), which would typically entail losing their seats.

Reacting to the judgement, Odinkalu, who is also a former Chairman of the National Human Rights Commission (NHRC), condemned the ruling, describing it as “tyranny of the #Outlaw.”

Taking to his X handle, Odinkalu underscored his concerns, pointing out that this judgement contradicts a Supreme Court decision made around 20 years ago, involving the incumbent President Bola Tinubu when he served as the Governor of Lagos State.

“20 yrs ago, while @officialABAT was governor of @followlasg, @SupremeCourtNg declined an application to withhold the #FederationAccount allocations of Lagos LGAs,” he wrote.

“Today, a judge of @FederalHigh overruled the Supreme Court. This is not #RuleOfLaw; it is tyranny of the #Outlaw.”