Connect with us

Politics

APC asks court to stop FAAC, AGF, others from releasing funds to Rivers LGAs

Published

on

The All Progressives Congress (APC) in Rivers State has asked the Federal High Court in Abuja to restrain the Federation Account Allocation Committee (FAAC), two others, and their agents from allocating or distributing any revenue from the Federation Account to any of the Local Government Areas/Councils of Rivers State or within Rivers State until a valid local government council election has been conducted by the 6th defendant to democratically elect Local Government Councils for Rivers State.

Also sought to be restrained in that regard are the Accountant General of the Federation (AG-F), and the Minister of Finance for the Federal Government of Nigeria (who are listed as the first, second, and third) in a fresh suit filed by the APC.

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 no 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), the 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).

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement

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.

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Politics

Ex-aspirant sues APC, demands N10m nomination form refund

Published

on

A former aspirant for the position of the All Progressives Congress Deputy National Chairman (North), Sunny Moniedafe, has sued the ruling party, demanding the refund of the N10m he paid for the Nomination Form in 2022.

Moniedafe filed the suit before the Federal Capital Territory High Court in Abuja.

The case, which was scheduled for hearing on Tuesday, was, however, stalled due to the absence of the presiding judge, Justice Yusuf Halilu.

In the suit, marked FCT/HC/CV/2434/2024, Moniedafe explained that ahead of the March 26, 2022 National Convention of the APC, he picked up the N10m Nomination Form to contest the position of the APC Deputy National Chairman (North).

Advertisement

He explained that during the convention, the party’s leadership, under then-President Muhammadu Buhari, urged aspirants to step down, as the position of Deputy National Chairman had been agreed to go to someone from Borno State in the North-East geopolitical zone.

According to Moniedafe, ahead of the party’s convention, leadership agreed on a consensus candidate and urged other aspirants to step down, while ex-President Muhammadu Buhari directed that the aspirants who stepped down should be refunded with N10m.

However, he stated: “Disappointingly, the leadership of the defendant (APC) reneged on its promise and blatantly refused, failed, and neglected to refund the said N10m from March 2022 to the time of filing this case, despite repeated demands by me.”

He added that several letters were sent to key APC officials and leaders, including Buhari, former Chief of Staff, Prof. Ibrahim Gambari, President Bola Tinubu, and former Senate, President Ahmad Lawan, among others.

Advertisement

Moniedafe said despite these efforts, the letters—along with reminders about the refund— failed to produce the desired outcome.

He emphasised that at all material times concerning the directive, former President Buhari was regarded as the leader of the APC.

On this basis, Moniedafe sought reliefs, including an order directing the APC to refund N10m to him within seven clear days after the judgment, a fine of N100m as general damages for expenses incurred while campaigning for the position in 2022, and any further orders the court may deem fit and appropriate under the circumstances.

Advertisement
Continue Reading

Politics

Edo Guber Election Petition Tribunal to Reconvene Tomorrow

Published

on

The ongoing legal battle regarding the September 21st governorship election in Edo State, the state’s election petition tribunal convened on Saturday, January 18, 2025, to consider the petition filed by Ighodalo Akintunde Asuelimen of the Peoples Democratic Party (PDP).

Asuelimen is challenging the election victory of Senator Monday Okpebholo of the All Progressives Congress (APC).

The tribunal, operating under petition number EPT/ED/GOV/02/2024, is tasked with reviewing the claims brought against the Independent National Electoral Commission (INEC) and other respondents involved in the contentious election process.

During the proceedings, the tribunal provisionally admitted a plethora of documents submitted by the petitioners, a step viewed as crucial in validating their claims.

Advertisement

Counsel for the petitioners outlined the verification process undertaken by all parties prior to the submission of diverse documents as evidence, despite facing objections from the opposing respondents. These objections were noted, with the respondents opting to reserve their arguments for the final written addresses, indicating a protracted legal battle ahead.

The tribunal’s provisional admission of these extensive documents is one step for the petitioners, albeit with the understanding that further conditions may be imposed before these documents are fully accepted as part of the case record. The evidence presented included a total of over 70 exhibits from various local government areas, along with multiple forms and booklets that are critical to substantiating the petitioners’ claims.

Among the documents provisionally admitted were:
1. Certified True Copies (CTCs) of Forms EC8B from various wards across Akoko Edo, Egor, Esan Central, Esan North East, and Esan South East.
2. Forms EC8EL and EC8D, marked as Exhibits PA1 and PA2.
3. CTCs of Form EC8D from 18 polling units, designated as Exhibits PA3-PA20.
4. An extensive array of 320 copies of polling unit forms EC8A, admitted as Exhibit PCA1-PCA320.
5. 58 CTCs of Form EC8A obtained from INEC’s IREV portal, marked as Exhibits BDA1-BDA58.
6. 308 CTC polling unit booklets containing Form BC25B, noted as Exhibits PCB1-PCB308.

The atmosphere at the tribunal on Saturday was notably charged, with heightened security measures in place as armed Police and other security operatives ensured a secure environment, reflecting the increasing tensions surrounding the tribunal’s sessions leading up to this point.

Advertisement

The extended hearing on Saturday was indicative of the tribunal’s commitment to thoroughly addressing the substantial evidential submissions made by Ighodalo Akintunde Asuelimen and his legal team.

Following the extensive examination of the documents, the tribunal adjourned, scheduling its next session for Monday, January 20, 2025.

This upcoming session promises to be pivotal as the tribunal continues to navigate the complexities of the case and the implications it holds for the political landscape of Edo State.

All eyes will be on the tribunal as it picks up where it left off, amidst a charged atmosphere and a community eager for resolution.

Advertisement
Continue Reading

Politics

Just in: Senator Nwoko reportedly dumps PDP for APC

Published

on

Senator Ned Nwoko has announced his defection from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC).

The move, confirmed through reliable sources, has sparked discussions within political circles about its potential implications for the 2027 elections.

According to reports, Senator Nwoko’s decision to join the APC is influenced by speculation that former Delta State Governor Ifeanyi Okowa is eyeing a Senate seat in the next electoral cycle.

This development is said to have prompted the senator to reconsider his political alliances, aligning with a party that may better support his future ambitions.

Advertisement

Senator Nwoko, who has been a prominent figure in Delta State politics and a key member of the PDP, is known for his strong advocacy for developmental projects and his stance on national unity.

Continue Reading

Trending

Copyright © 2024 Naija Blitz News