The All Progressives Congress (APC) in Rivers State has filed a suit at the Federal High Court in Abuja, seeking to prevent the Federation Account Allocation Committee (FAAC), the Accountant General of the Federation, and the Minister of Finance from allocating or distributing funds from the Federation Account to Local Government Areas (LGAs) in Rivers State until a valid local government election is held.
In the suit, marked FHC/ABJ/CV/1556/2024, the APC argues that based on recent Supreme Court and Federal High Court rulings, funds cannot be released to LGAs in Rivers State without a democratically conducted election.
The APC has named the FAAC, Accountant General of the Federation, Minister of Finance, Attorney General of the Federation, Attorney General of Rivers State, and Rivers State Independent Electoral Commission (RSIEC) as defendants.
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The APC is requesting an injunction to prevent the Rivers State Government and RSIEC from utilizing state funds for the benefit of any local government council until a valid democratic election is conducted.
The party seeks a declaration that the relevant officials are constitutionally required to enforce the judgments of the Supreme Court and Federal High Court, including recent rulings which state that Federation Account funds must be allocated only to democratically elected local councils.
Additionally, the APC contends that attempts by the Rivers State Attorney General and RSIEC to hold council elections on October 5, 2024, contravened constitutional provisions and the Electoral Act, as adequate statutory notices were not issued and the voters’ register was not updated.
Justice Peter Lifu of the Federal High Court ruled in the APC’s favor, prohibiting the Independent National Electoral Commission (INEC) from providing the voters’ register to RSIEC and nullifying all arrangements for the October 5 election.
Despite this, RSIEC proceeded with the election on October 5 without INEC’s voters’ register, disregarding the court’s decision.
The APC maintains that the election, conducted in defiance of existing legal judgments, is unconstitutional, and any funds distributed to unelected councils would violate legal precedent.
Justice Joyce Abdulmalik has ordered substituted service of the suit on the Attorney General of Rivers State and RSIEC via publication in a national newspaper, with the next hearing scheduled for November 26.
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