Minister of the Federal Capital Territory, Abuja, Nyesom Wike, has reportedly ordered the secret dissolution of the Special Court of Appeal in the FCT that gave a favourable ruling on the Rivers State Local Government Elections.
The panel was “quietly disbanded” after it upheld the Rivers State Local Government elections conducted by the administration of Governor Siminalayi Fubara.
The controversy surrounding the Rivers State Local Government Elections has been ongoing, with the Court of Appeal in Abuja nullifying a judgement of the Federal High Court that barred the Independent National Electoral Commission (INEC) from releasing the voters register to the Rivers State Independent Electoral Commission (RSIEC) for the conduct of local elections in the state.
The appellate court panel, led by Onyekachi Otisi, had held that the lower court lacked jurisdiction to entertain the suit, citing Section 28 of the Electoral Act, which does not accommodate elections conducted by state governments.
The court had held that “The Electoral Act does not apply to local government elections and the lower court lacks jurisdiction to entertain the appeal.”
According to sources, Mr. Wike is not happy with the development.
The FCT minister has reportedly reached out to Senior Judicial officers and fixers, secretly disbanding the first panel that gave the favourable ruling.
The new panel approved by Wike is litigating on the matter from Abuja, where Wike’s wife is also a senior judge. Wike is also enraged over the decision of the accountant general to pay Rivers allocation based on what he claimed was a mere “stay of execution.”
“The panel that sat to hear the new appeal was headed by Justice Hamah Barka and it also has Justice Adebukola Banjoko and Justice Peter C. Obiora. Wike got upset and reached out to Senior Judicial officers and fixers. He secretly disbanded the first panel that gave the favourable ruling,” SaharaReporters quoted a source as saying.
“Ironically, Justice Barka had recused himself from the Rivers State issue in the panel earlier set for the same purpose, saying he was under attack by some forces claiming he was compromised,” the source further revealed.
“The new panel approved by Wike is litigating on the matter from Abuja Where Wike’s wife is also a senior judge,” the source added.
“Wike is also enraged over the decision of the accountant general to pay Rivers allocation based on what he claimed was a mere “stay of execution.”
The federal government had initially said it would halt the October monthly Federation Account Allocation Committee (FAAC) revenue payment to Rivers State, citing a court order as the reason. However, the Office of the Accountant General of the Federation (OAGF) later cited a subsisting appeal, saying that the allocation could not be stopped.
Within the week, Sundiata Post reported that Governor Fubara had approached the Court of Appeal sitting in Abuja to overturn the judgement that barred the Central Bank of Nigeria, CBN, from releasing monthly allocations to Rivers State. The governor claimed the High Court judgement was given in bad faith.