Justice Joyce Abdulmalik of the Federal High Court in Abuja has come under fire from Professor Fidelis Oditah, a Senior Advocate of Nigeria (SAN) and King’s Counsel (KC) in the United Kingdom, for directing that Rivers State’s FAAC (Federation Account allotment Committee) allotment be suspended. He claimed that the court lacked the constitutional power to refuse such allocations and characterized the ruling as a glaring misinterpretation of federalism principles.CONTINUE FULL READING>>>>>
Drawing comparisons to former President Olusegun Obasanjo’s withholding of local government funds from Lagos State, Oditah highlighted critical distinctions. He explained that while Obasanjo attempted to block local government funds, he never withheld Lagos State’s direct allocation, recognizing that such an action would exceed his powers. He further referenced the Supreme Court’s 2004 ruling, which declared Obasanjo’s actions illegal and unconstitutional, setting an important precedent for federal governance in Nigeria.
Speaking in an interview with Arise TV, Oditah said:
“This is not a dispute between lawmakers and the governor. The entitlement of a state to receive FAAC allocations is central to the federalism we operate. It is inconceivable for Rivers State to be a federating unit and not receive FAAC funds.
“This situation differs from Obasanjo’s conflict with Governor Tinubu, where he withheld local government funds but did not touch Lagos State’s allocation. He couldn’t—such an action would have been beyond his power. Even his seizure of local government funds was declared by the Supreme Court in 2004 as illegal and unconstitutional.
“The judge in this case appears to lack a fundamental understanding of federalism. Rivers State, as a federating unit, cannot be denied its constitutional entitlement to these funds. The court has no authority to make such an order.”CONTINUE FULL READIN>>>>>
