In a press conference held on May 8, 2024, the Association of Local Governments of Nigeria (ALGON) Rivers State Chapter addressed concerns regarding the Rivers State Government’s alleged illegal withholding of local government funds. Led by Hon. Allwell Ihunda, the Chairman of ALGON Rivers State, the association accused Governor Sir Siminialayi Fubara of neglecting to convene the Joint Account Allocation Committee Meeting (JAAC), consequently withholding statutory allocations due to the 23 Local Government Councils since April 2024.
ALGON claims that Governor Fubara’s directive to compile salary vouchers bypasses democratically elected local government officials, potentially violating constitutional guarantees of local government autonomy. The association also highlighted the Governor’s disregard for a Federal High Court interim order, urging federal intervention to prevent further disruption of governance and law in Rivers State.
The press conference concluded with calls for federal and state-level intervention to safeguard democratic institutions and condemn the alleged unconstitutional actions of the Rivers State Government.
See full text;
TEXT OF THE PRESS CONFERENCE ADDRESSED BY THE ASSOCIATION OF LOCAL GOVERNMENTS OF NIGERIA (ALGON) RIVERS STATE CHAPTER ON THE 8TH DAY OF MAY, 2024 OVER THE ILLEGAL WITHHOLDING OF LOCAL GOVERNMENT FUNDS BY THE RIVERS STATE GOVERNMENT
Gentlemen of the Press,
It has come to the notice of the Association of Local Governments of Nigeria (ALGON) Rivers State Chapter that the Rivers State Government under the leadership of His Excellency, Sir Siminialayi Fubara, GSSRS, has neglected, failed and deliberately refused to hold the statutory Joint Account Allocation Committee Meeting (JAAC) which is the prerequisite for the release and disbursement of funds due to the Local Governments in the State Joint Local Government Account and has continued to withhold the statutory allocation due to the 23 Local Governments Councils of Rivers State since the month of April, 2024 (and in the case of Emohua since March, 2024) till date for no just cause, thereby starving the third tier of government of the funds required to discharge its statutory functions in the administration of the Local Government Areas.
It has also come to our notice that the Governor of Rivers State held a meeting with Heads of Local Government Administration (HLGA), Heads of Personnel Management (HPM), Treasurers of Local Governments and other Directors on Monday the 6th day of May, 2024 in Government House Port Harcourt whereat he directed them to go and compile for presentation to him of the salary vouchers and over heads of civil servants (excluding Chairmen, Vice Chairmen, Councilors and other political office holders), for the various Local Governments with a view to unlawfully dipping his hands into Local Government funds to pay staff salaries directly without the involvement of the democratically elected Local Government Chairmen. In other words the Governor of Rivers State is seeking to proscribe the system of Local Government by democratically elected Local Government Councils which is guaranteed under section 7 of the 1999 Constitution, as amended.
This action is tantamount to an illegal proscription of the Local Government Councils by a Governor who had recently announced that the Members of the Rivers State House of Assembly are non-existent or exist merely at his convenience/mercy. These are clear signs that Rivers State is on the verge of being plunged into the dark ages of totalitarianism and autocratic rule under His Excellency Sir Siminialayi Fubara.
This conduct of the Rivers State Government which smacks of executive high-handedness and lawlessness is not only despicable and unconscionable in a democratic setting, but is also unconstitutional given the clear provisions of sections 3(6), 7 and 162 of the 1999 Constitution, as amended which not only guarantees the system of Local Governments by democratically elected Local Government Councils across the Federation of Nigeria including in Rivers State, but which also vests the Local Government Councils with the right to receive statutory allocations from the Federation Account paid through the State Joint Allocation Account. We are aware that as far back as the year 2004, the Supreme Court of Nigeria had determined, (in its landmark judgment in the case of Attorney General of Lagos State v. Attorney General of the Federation (2004) LPELR-10(SC) 118), that the withholding of Local Government statutory allocation is wrongful and unconstitutional and that the 1999 Constitution, as amended has not vested any powers on the President or the State Governors to withhold Local Government funds for any reason whatsoever.
It is worrisome that the Governor of Rivers State who took the oath of office and swore to uphold the Law and the Constitution of the Federal Republic of Nigeria will stoop so low as to resort to such undemocratic and unconstitutional means to strangulate the third tier of government with a view to achieving personal political ends, and without minding the dire consequences which his actions portends not only for the system of Local Government Administration in Rivers State but also for the welfare of the Local Government employees and the good people of Rivers State who live in the various Local Government Areas and deserve the dividends of democracy.
It is even more worrisome to note that the Governor of Rivers State took the decision to withhold the statutory allocation in this case in flagrant violation of the subsisting interim order of the Federal High Court (coram Hon. Justice J. K. Omotosho (J) entered in suit No. FHC/ABJ/CS/537/2024 on the 25th day of April, 2024) which mandated all the parties to the suit, including the Rivers State Government (who is the 7th Defendant therein), to maintain the status quo and not to take any step that will render the pending motion for interlocutory injunction before the court nugatory.
In other words, the Governor of Rivers State is not only willing to treat with levity his sworn oath of office to uphold the Law and the Constitution but is also determined to denigrate the sanctity of the authority of the judicial arm of government by flouting and disobeying Court orders at will. This is rather disturbing and most unfortunate not only because it portends grave dangers for our nascent democratic experiment but also because it imperils the lives and welfare of Rivers people. The Governor of Rivers State needs to be reminded that the Federal Republic of Nigeria operates a constitutional democracy founded on the principles of the rule of law and not the rule of the mighty. The Governor needs to be reminded that withholding the statutory allocation of the Local Government Councils in Rivers State will make it impossible for the salaries and emoluments of Local Government employees, including primary health workers, to be paid as at when due. The Governor must know that withholding Local Government allocation will handicap the Local Government Councils and prevent them from discharging their primary responsibilities of Local Government Administration at the grass roots which includes the welfare of the people in the areas of sanitation, security and public health sectors.
We therefore call on the President of the Federal Republic of Nigeria; President Bola Ahmed Tinubu, and the Federal Government of Nigeria to intervene by calling the Governor of Rivers State to order with a view to avoiding a breakdown of governance, law and order in Rivers State. We call on the Honourable Members of the Rivers State House of Assembly to take appropriate steps to check the excesses of the Governor of Rivers State and ensure the survival and sustenance of democratic institutions in Rivers State. We call on all well-meaning Rivers people and Nigerians in general to join in condemning the unlawful withholding of Local Government funds by the Rivers State Government as undemocratic, unconstitutional and retrogressive.
Long live the Federal Republic of Nigeria,
Long live the Rivers State of Nigeria,
Long live the Local Governments of Rivers State of Nigeria.
We thank you, gentlemen of the fourth estate of the realm, for your attention and patience.
Signed:
Hon. Allwell Ihunda (Chairman, ALGON Rivers State) Chairman, PHALGA
Hon. George T. Ariolu (Deputy Chairman, ALGON Rivers State) Chairman, Obio/Akpor LGA
Hon. Obarilomate Ollor (Secretary, ALGON Rivers State) Chairman Eleme LGA
Chief Hon. Erastus Awortu PhD (Legal Adviser, ALGON Rivers State) Chairman, Andoni LGA
Hon. Vincent Nimieboka Esq., (Publicity Secretary, ALGON R/S) (Chairman, Ogu/Bolo)
Hon. Rowland Sekibo PhD (Treasurer, ALGON Rivers State) (Chairman, Akuku/Toru LGA)
Hon. Confidence Deko (Welfare Secretary, ALGON R/S)
Hon. Thomas Bariere PhD (Chairman, Khana LGA)
Horn. Benjamin Israel Eke (Chairman, Ahoada East LGA)
Hon. Chidi Lloyd PhD (Chairman, Emohua LGA)
Dr. Samuel Nwanosike (Chairman, Ikwerre LGA)
Hon. Hope Ikiriko PhD (Chairman, Ahoada West LGA)
Hon. Akuro Tobin (Chairman, Okrika LGA)
Hon. Daniel Enaanepolla (Chairman, Abua/Odua LGA)
Hon. Christian Nwaiwu (Chairman, Omame LGA)
Hon. George Onengiyeofori (Chairman, Asari Toru LGA)
Hon. Michael John Williams (Chairman, Degema LGA)
Hon. Obinna Anyanwu (Chairman, Etche LGA)
Horn. Vincent Job (Chairman, Ogba/Egbema/Ndoni LGA)
Hon. Okechukwu Akara-Nworgu (Chairman, Oyigbo LGA)
Hon. Mabakpone Friday Okpe (Chairman, Tai LGA)
