Prominent human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has applauded the Court of Appeal for its rulings on two significant cases involving the Rivers State government, which he said align with the principles of federalism as enshrined in Nigeria’s Constitution.
Speaking on Channels Television’s Politics Today on Friday, Falana hailed the court’s decision to overturn orders that had restrained the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to Rivers State. He also commended a prior judgement that upheld the validity of local government elections conducted by the Rivers State Electoral Commission.
“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,” Falana stated.
He emphasized that these rulings underscore the foundational principles of federalism, adding, “Both decisions will go a long way to reinforce the basic tenets of federalism in this country.”
In Friday’s ruling on the Rivers State revenue allocation dispute, the Court of Appeal’s three-member panel, led by Justice Hamman Barka, determined that the Federal High Court lacked jurisdiction to adjudicate on the matter.
The panel overturned orders issued by Justice Joyce Abdulmalik, which had restricted the Rivers State government from accessing funds from its consolidated revenue account. The appellate court described the lower court’s decision as unconstitutional and an overreach of its powers.
Similarly, in an earlier ruling, the Court of Appeal upheld the validity of the recent local government elections conducted by the Rivers State Electoral Commission.
Falana reiterated that matters involving state revenue allocation and local governance fall under the purview of state courts, not federal courts. He argued that the appellate court’s rulings reaffirm the constitutional boundaries of federal and state jurisdictions, promoting a more robust adherence to Nigeria’s federal structure.
These decisions mark significant victories for Rivers State and are expected to have lasting implications for the application of federalism in Nigeria.
