Senior Advocate of Nigeria (SAN) and King’s Counsel (KC) in the United Kingdom, Professor Fidelis Oditah, has criticized the Federal High Court in Abuja for ordering the suspension of Rivers State’s monthly allocation from the Federation Account Allocation Committee (FAAC).
The decision, issued by Justice Joyce Abdulmalik, was described by Oditah as a misapplication of federalism principles and an overreach of judicial authority.
In an interview with Arise TV, Oditah stated that the entitlement of federating units to FAAC allocations is fundamental to Nigeria’s federal structure.
He argued that withholding such funds undermines the constitutional framework that binds the nation.
Oditah drew comparisons to former President Olusegun Obasanjo’s conflict with Lagos State under Governor Bola Ahmed Tinubu.
According to him, while Obasanjo withheld local government funds, he refrained from interfering with the state’s direct allocation, recognizing the constitutional limits of his powers.
This distinction, Oditah noted, was upheld by the Supreme Court in 2004, which ruled Obasanjo’s actions as illegal and unconstitutional.
“This is not a conflict between lawmakers and a governor,” Oditah explained.
“Rivers State, as a federating unit, is entitled to FAAC allocations. Obasanjo’s withholding of local government funds, though also illegal, never extended to Lagos State’s direct allocation because such an action would have been unconstitutional.”
Critiquing the court’s decision, Oditah said, “The judge appears to lack a basic understanding of federalism. The court has no authority to order the suspension of a state’s constitutional entitlement to FAAC funds. Rivers State cannot be treated as anything less than a federating unit in this regard.”
Oditah urged the judiciary to remain mindful of constitutional principles when issuing rulings that affect the financial stability of states within the federation.
