The Rivers State chapter of the All Progressives Congress (APC) has approached the Federal High Court in Abuja to prevent the Federation Account Allocation Committee (FAAC), the Accountant General of the Federation (AGF) and the Minister of Finance from allocating funds from the Federation Account to any of the Local Government Areas/Councils in the state.
The party insisted that an embargo should be placed on the revenue distributed to Rivers State until a valid local government election is held.
In the suit marked: FHC/ABJ/CV/1556/2024, the party requested that the restriction be placed based on the recent rulings of the Supreme Court and Federal High Court which stated that the state LGA cannot receive allocations without conducting a democratic election.
Also APC asked the court to forbid the Government of Rivers State from sponsoring the state Local Government Councils with public funds belonging to Rivers.
APC also contends that attempts by the Rivers State Attorney General and Rivers State Independent Electoral Commission to hold council elections on October 5, 2024 contravened constitutional provisions and Electoral Act, as there was no adequate statutory notice and voters’ register was not updated.
The APC is equally praying for a declaration that the Government of Rivers State, 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 revenue cannot be allocated or distributed 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.
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 its 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 the 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, even though 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 set aside in the judgment of the Federal High Court.”
The APC insisted that the judgment of the Federal High Court 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.
