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The All Progressives Congress (APC) in Rivers State has filed a suit at the Federal High Court in Abuja, seeking to halt the allocation and distribution of revenue from the Federation Account to any Local Government Area in Rivers State until valid local government elections are conducted.
The suit names the Federation Account Allocation Committee (FAAC), the Accountant General of the Federation, and the Minister of Finance as the first, second, and third defendants, respectively.
The APC is requesting that the court prevent these parties and their agents from releasing funds to Rivers State local government councils until democratic elections are held to install duly elected representatives.
The APC argues that the absence of validly elected local government officials in Rivers State councils undermines the principles of democracy and calls for the sixth defendant, the state electoral body, to conduct fair elections for the councils.
The party insists that these allocations should be withheld to ensure that funds are managed by democratically elected representatives.
This move follows ongoing political tensions in Rivers State, as the APC seeks judicial intervention to address what it considers a lapse in democratic governance at the local government level. The court has yet to set a hearing date for the case.
The plaintiff, in the suit marked: FHC/ABJ/CV/1556/2024 is contending that in view of the recent decisions of the Supreme Court in the suit No: SC/CV/343/2024: Attorney General of the Federation v. Attorney General of Abia State and others, and the Federal High Court, suit no: FHC/ABJ/CS/987/2024 funds could not longer be released to LGAs in Rivers because no valid election has been conducted in the state.
Listed as defendants in the suit are the Federation Account Allocation Committee (FAAC), Accountant General of the Federation (AG-F), the Minister of Finance for the Federal Government of Nigeria, the Attorney General of the Federation (AGF), the Attorney General of Rivers State of Nigeria and the Rivers State Independent Electoral Commission (RSIEC).
The party also wants an order of injunction restraining the Government of Rivers State (represented by the 5th defendant) and the 6th defendant by themselves (individually and/or jointly) by their servants, agents, hirelings or proxies from distributing to, expending or utilizing any public fund of Rivers State for the use or benefit of any of the Local Government Councils of Rivers State until the Government of Rivers State (represented by the 5th defendant) and the 6th defendant have been able to conduct valid election to democratically elect Local Government Councils for Rivers State.
It seeks a declaration that the defendants fall within the category of ‘authorities and persons’ as provided for by Section 287 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), who are constitutionally bound to enforce and implement judgments, decisions and orders of the Supreme Court, Court of Appeal and Federal High Court of Nigeria and are therefore constitutionally bound to enforce, implement and give effect to the judgment of the Supreme Court in Suit No: SC/CV/343/2024: Attorney General of the Federation v. Attorney General of Abia State and others to the effect that “the amount distributed to and standing to the credit of Local Government Councils in the Federation Account must be paid by the Federation to only democratically elected Local Government Councils…” and the judgment of the Federal High Court in suit no: FHC/ABJ/CS/987/2024: All Progressives Congress (APC) v. Independent National Electoral Commission and others, comprising of an order among others “setting aside all acts or things done or purported to have been done …in furtherance of the conduct of the purported local government elections in Rivers State slated for the 5th of October 2024…”
The APC is equally praying for a declaration that the Government of Rivers State (represented by the 5th defendant) and the 6th defendant having failed to ensure the existence of and to put in place a system of local government by democratically elected local government councils in Rivers State by conducting a valid democratic election for local government councils in Rivers State, that is, for the election of Chairmen and Councilors for the Local Government Councils of Rivers State, the 1st, 2nd, 3rd and 4th defendants (representing the Government of the Federation) are not entitled to, and cannot allocate or distribute any revenue from the Federation Account to any of the Local Government Areas/Councils of Rivers State until a valid election to democratically elect Local Government Councils for Rivers State has been conducted by the Government of Rivers State (represented by the 5th defendant) and the 6th defendant.
In a supporting affidavit, deposed to by Tony Okocha, the plaintiff said: By the recent decision of the Supreme Court Suit No: SC/CV/343/2024 the apex court firmly held and declared in respect of distribution of revenue from the Federation Account, among others that “the amount distributed to and standing to the credit of Local Government Councils in the Federation to only democratically elected Local Government Councils.
The APC said it’s suit, marked: FHC/ABJ/CS/987/2024 challenged the process hurriedly being put into place by the AG of Rivers and RSIEC (5th and 6th defendants herein) for the purpose of holding Local Government Council elections for Rivers State.
It stated that “In the said suit, the plaintiff premised their challenge of the process on a number of grounds, including the ground that the processes being put into place for the holding of the proposed election which was fixed for the 5th day of October 2024 was in contravention of the provisions of items 11 and 12 of Part II of the Second Schedule of the Constitution of the Federal Republic of Nigeria as well as applicable provisions of the Electoral Act 2022 in that requisite statutory notices were not given and provisions in respect of update of voters register were not complied with.
The APC said the suit was decided in its favour, wherein, Justice Peter Lifu in th judgment delivered on September 30 held among others, that the processes put in place for the proposed LGA election in Rivers election were unconstitutional.
It added that the court restrained the Independent National Electoral Commission (INEC) from releasing to the RSIEC the voters register for the conduct of the proposed election fixed for the 5th of October 2024.
The party stated that the court also issued an express order “setting aside all acts or things done or purported to have been done in furtherance of the conduct of the purported local government elections in Rivers State slated for the 5th of October 2024.
It stated that although the AG of Rivers and RSIEC were parties to the suit and represented by lawyers at all times, “the duo acted in contravention and absolute disregard of the decision of the court with the 6th defendant (RSIEC) therefore proceeding to conduct a purported Local Government Council election on the 5 day of October 2024, notwithstanding the fact that no voters register was released to it by INEC and notwithstanding that all processes put in place for the election including statutory notices, nominations among others had been sct aside in the judgment of the Federal High Court.”
The APC insisted that the judgment of the Federal High Cout in Suit FHC/ABJ/CS/987/2024 is still valid and subsisting before, as at and even beyond the 5th of October, 2024 and so remains until set aside by the Court of Appeal.
It stated that the election held in contravention of the Constitution, the Electoral Act and subsisting judgment of a competent Court of law is invalid.
The party added that the Local Government Councils of Rivers State have not been “democratically elected” to qualify them to receive allocations from or distribution of revenue from the Federation Account.
It further states that the defendants are authorities and persons who are not only bound by the judgment of the Supreme Court, the Federal High Court and other courts, but also bound to enforce and implement the said judgments.
The APC said the the first, second, third and fourth defendants are now being pressurized by the fifth defendant to allocate and distribute revenue from the Federation Account to the Local Government Councils of Rivers State notwithstanding the fact that no valid democratic election has been held in respect of the said Local Government Councils.
It added that the except they are restrained by th court the first, second, third and fourth Defendants will yield to the pressure to release funds.
It added that except restrained, the fifth and sixth defendants will proceed to withdraw and appropriate funds from the public fund of Rivers State for the use and/or benefit of Loca] Government Councils in Rivers State that have not been democratically elected.
Justice Joyce Abdulmalik has granted an order for substituted service of the originating processes in the suit on the AG of Rivers and the RSIEC through publication in national newspaper and adjourned till November 26 for mention.
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