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Court Stops Rivers Govt From Withholding Local Govt Allocations

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The Federal High Court in Abuja has issued a restraining order against the Rivers State Government, preventing it from withholding financial allocations meant for the 42 Local Government Areas (LGAs) in the state.

The court’s ruling, delivered by Justice James Omotosho, comes in response to a suit filed by LGA Chairmen and nine others, seeking judicial intervention in the matter.

The court directed all parties involved in the suit, marked FHC/ABJ/CS/537/2024, to maintain the status quo until the case was determined.

Additionally, it ordered the Inspector General of Police (IGP), Police Commissioner in Rivers State, Director General of the State Security Service (SSS), and its Director to refrain from withdrawing security personnel assigned to the LG Chairmen until a final resolution is reached.

This ruling follows an ex-parte application presented by the plaintiffs’ lawyer, Mr Aliyu Hussein, advocating for the protection of the LG Chairmen’s rights and responsibilities amidst the ongoing dispute.

Justice Omotosho emphasized that the Rivers State Government must not obstruct or hinder the LG Chairmen from carrying out their duties and providing essential services to their respective councils pending the conclusion of the legal proceedings.

The plaintiffs approached the court seeking various interim injunctions, including restraining orders against the Attorney General of the Federation, Chairman of the Revenue Mobilization, Allocation and Fiscal Commission, and other relevant authorities from withholding revenue accrued to the LGAs.

They also sought protection against the withdrawal of security personnel and the prevention of the implementation of the newly amended Rivers State Local Government Law N:5 of 2024.

In a sworn affidavit supporting the application, Dr. Chidi LLoyd, Chairman of Emohua Local Government, highlighted the LG chairmen’s legitimate concerns regarding the autonomy and constitutional recognition of LGAs as a vital tier of government.

The Chairmen alleged that the Rivers State Government, Attorney General, and Commissioner for Finance sought to undermine the amended law and disrupt their operations by influencing the withdrawal of policing and security services.

In response to the plaintiffs’ plea, Justice Omotosho ordered all parties to maintain the status quo and refrained from taking any actions that could undermine the pending motion on notice for interlocutory injunction.

The court further adjourned the matter to May 2, 2024, for the hearing of the motion on notice.

Among the plaintiffs named in the suit are prominent LGA Chairmen such as Dr. Chidi LLoyd of Emohua Local Government, Hon. Alwell Ihunda of Port Harcourt Local Government, and Dr. Nwanosike Samuel of Ikwerre Local Government Area.