₦airaland Forum

mrvitalis:
Oga I said would be granted

You are not the supreme Court or appeal court.. Allow the court to rule on the matter

We don't even have copy of the judgement

Cajal:
And CBN represents federal government

ceevictor:
Funny part of it is that a notice of appeal was already on at the appeal court and evidence presented to the madam high court judge, she struck it down and went ahead to give the ruling

mrvitalis:
The case has been appealed ans stay of Exercusion would be granted... After that supreme Court.. Who knows maybe by 2045

This has no bearing even if I feel the case is baseless

To start with, the Supreme Court rightly ruled in 2004 that Mr. President has no power under the Constitution to unilaterally withhold the allocation of a state.

So what happened in 2004? Governor Bola Tinubu of Lagos State created additional 37 Lgas to increase Local Governments in Lagos State to 57 from 20. Obasanjo disagreed and ordered him to revert back to 20 since the additional 37 were not listed in the constitution. Tinubu disagreed but changed the name to LCDAs. Obasanjo then ordered the Minister of Finance and CBN governor not to release the Local Government allocation of Lagos state until the new LGA/LCDAS are scrapped.

Tinubu went to court and the then CJN, Hon Justice Uwais ruled that Mr. President does not have the power under the law to unilaterally stop the allocation of any state without a court order. Justice Uwais said “ next is the question whether the President of FRN was right to direct the Minister of Finance not to release statutory allocations from the Federation account to the states which created new LGAs. The CJN then said, the President has no such power. COURT is the only authority that can ORDER A STOPPAGE OF FUNDS TO ANY AGENCY”.


In the case of Rivers State, Mr. President did not give anybody any order to withhold or stop the allocation of the state. Elected lawmakers from Rivers state approached the Federal High court to determine the legality of the state’s 2024 budget passed by 5 members out of 32. The Federal High Court ruled that the budget was not legally passed and should be represented to the full house for passage as required by the constitution. The judgement was also reaffirmed by the Appeal Court. Instead of the governor to obey the court judgement, he opted to disregard the judgement and continue with the implementation of an illegal budget.

Following the governor’s disregard of a valid court judgement, the lawmakers again approached a federal high court to get an order to stop the CBN and Minister of Finance from further releasing Rivers state funds to the governor since the state budget he is implementing has been invalidated by a court of competent jurisdiction. The Court agreed with the lawmakers opinion that releasing further allocation to the governor would amount to encouraging unconstitutionality and disregard for rule of law. The court then gave an order stoping the Minister of Finance, Accountant General of the Federation and the CBN governor from further releasing allocation to Rivers state till a proper budget is passed into law.


Again, let me also state that CBN was a party to the case and they objected to the relief sought by the plaintiffs. That is, they supported Rivers state government’s position that the court should not grant the order to withhold or stop the allocation. The court in its wisdom overruled the objection of CBN.

So, it’s very clear that there is a huge difference between what happened in 2004 and the recent court judgement in respect of Rivers state allocation. President Tinubu did not issue any order to stop the release of funds to Rivers state because he has no such powers. In fact, he objected to the order through CBN but was overruled. The order was issued by a court of competent jurisdiction and until it is set aside by a superior court, it remains valid and enforceable. Instead of trying to blackmail Mr. President with a decision he’s not even a party to, we should all encourage the governor to do the right thing by obeying the judgement of the appeal court.

Kobojunkie:
Your position on this makes no sense at all. If the State has no budget(or the State has a budget), what has that to do with LG and LG allocations?

2. According to the Supreme Law of the Land, Tinubu has no right to stop State or LG allocations. All that is happening here are politicians and judges basically taking a piss at the Constitution and Nigerians backing the foolishness.

gare:
The Nigerian Constitution's provisions regarding the defection (decamping) of lawmakers are self-executing. This means that rules and consequences outlined in Sections 68 and 109 regarding the vacation of seats for National Assembly and State House of Assembly members are automatically enforceable without the need for additional laws or actions to be taken by other bodies.

you guys should read and learn, you dont need a court or judge it is just that our system is weak, the governor can decide to which he has done

gare:
is this your process mention in the constitution stated below?

Section 109 (State House of Assembly Members):
Vacation of Seat:
According to Section 109(1)(g), a member of a State House of Assembly shall vacate their seat if they become a member of another political party before the expiration of the period for which they were elected.
Exceptions:
Similar to the National Assembly, a member will not vacate their seat if:
Their membership of the political party has been divided. Membership was not divided as at the time they decamped.
There is a merger of two or more political parties or factions by one of which they were previously sponsored. there was no merger
Their political party has been substituted by another party due to the merger. this never happened

gare:
Which full house? at the point of decamping, you de sleep, or you dont know what the law says about decamping or you dont want talk about that fubara never pushed them out of PDP they foolishly left on their own, there is nothing like full house, ask INEC to fill up the vacant seats, thats not fubara's issues but on INEC

Segxydube:
What made the budget illegal? Are the members of d house who joined apc legal?

Macphenson:
The suit challenging the validity of House of Assembly members is still in Appeal court, Until the court confirms them members, Fubara is representing the budget. Infact 2024 budget will soon be presented to the house members.

Macphenson:
Yyba come and see the appeal. In the previous thread I said the judgement will be appealed with a stay of execution, here it is right now. After appeal court, it will head to supreme court. By then, the year is over.
I told you that you are a kid.

OVB123:
U dey fine trouble

Blessedman98:
Tinubu just punished Northern region

kettykin:
He can appoint edo, delta , ijaw. The military must nit be degraded to this

SmartPolician:
That's not true. Jonathan appointed Ihejirika as his army chief.

You people should stop making excuses for that thug who knows nothing about leadership.

kettykin:
Nigerian army is now a very sectional army .

Very local. Thank God there all alternatives incase of war or foreign invasion.

LegendHero:
What happened to Lagbaja

mrvitalis:
There is no judgement on that, there are over 7 cases still in court... The judgement you are talking about have been stayed and appealed

So on what basis is Joyce giving her judgement

mrvitalis:
Lmaooo appeal court is bound to give stay of Exercusion... Seems you see a baby to law

There are multiple cases and litigation on this matter, different conflicting judgement

A stay of Exercusion is a must
Supreme Court ruling Lagos vs FG has already made it impossible for agent of FG to withhold States allocations since they are independent

I would like to see what NJC does to this judge

mrvitalis:
Lmaooo no court can stop allocation to a state... The judgement would be appealed and I'm sure there would be a stay of Exercusion

There is absolutely no basis for that judgement... The case about the house members are still in court so to base the judgement on that is weird

I would be surprised if the judge is not investigated

Racoon:
Imagine the money they are budgeting for government house expense. Guess these are the corrupt fellas wasting Nigeria lean resources?

helinues:
Wear your glasses