By Miracle Ogunde
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has defended the judgement of the Appeal Court setting aside the judgement of the federal high court withholding the Rivers State allocation by the federal government.
Falana, insisted that the cases in question were not affairs to be treated by the Federal High Court but by the State High Court.
Featuring on Channels Television’s Politics Today on Friday, Falana said that the judgment as well as the earlier judgment by the same court that validates the recent local government election conducted in Rivers State are in line with the tenets of federalism outlined in Nigeria’s Constitution.
“The decision of the Court of Appeal which validated the local government election conducted by the Rivers State Electoral Commission and the judgement of the Court of Appeal delivered today which has set aside the decision that the statutory allocation of Rivers State be seized; these two decisions are in line with the tenets of federalism outlined in the Constitution of the Federal Republic of Nigeria.
“The Court of Appeal is saying that the fact that you joined federal agencies or federal officers to a case that has to do with the revenue or local government election, or internal affairs of a state government cannot confer jurisdiction on the Federal High Court.
“I am convinced that both decisions delivered by the Court of Appeal will go a long way to reinforce the basic tenets of federalism in this country,” Falana said.
The SAN insisted that the cases in question were not affairs to be treated by the Federal High Court but by the State High Court.
On the Court of Appeal Friday judgement on the Rivers State revenue allocation, the three-member panel, presided by Justice Hamman Barka, held that the subject matter was not within the jurisdiction of the court relating to the revenue of the state.
While allowing the appeal of the Rivers State government, the appellate court also set aside all the orders made by Justice Joyce Abdulmalik, stating that it was unconstitutional for her to make orders restricting Rivers State government to receive funds due to the state from its consolidated revenue fund.
The appellate court held that the lower court overreached itself and didn’t have the jurisdiction to entertain the matter.
Leave a Reply