Abia impasse: Lawyer asks court to stop state’s monthly revenue allocation

An Abuja based legal practitioner has asked the Federal High Court to stop further releases of the monthly revenue allocation accruable to Abia State from the federation account pending the resolution of the governorship crisis in the state.

In a suit marked FHC/ABJ/CS/483/2016, the plaintiff listed the Honourable Minister of Finance, Accountant –General of the Federation, Revenue Mobilisation Allocation and Fiscal Commission and the Attorney-General of the Federation as the defendants.

The plaintiff, Darlington Ozurumba, raised four questions for the determination by the court as follows: Whether by the combined provisions of section 176 and 162 (3 and 4) of the 1999 Constitution as amended or any other enabling statute, the defendants can validly release the monthly revenue allocations accruing to Abia State or any other state from the federation accounts where there is no lawful or recognised governor in law as Chief Executive of the state; Whether in the absence of a valid or legally recognised governor in Abia State, monthly revenue allocation accruing to Abia State from the federation accounts can be taken, received or released to Abia State government;

Whether that by the community reading of section 176 and 162 (6) of the 1999 Constitution as amended or any other enabling statute, the state joint local government account into which all allocations to local government councils in Abia State from the federation accounts can be validly operated in the absence of a constitutionally recognised governor or chief executive in Abia State;

Whether by the judgment of the Federal High Court in suit number FHC/ABJ/CS/71/2016 delivered on the 27th day of June 2016 and the subsequent issuance of certificate of return to Dr. Uchecukwu Samson Ogah by the Independent National Electoral Commission (INEC), further allocations to Abia State from the federation accounts ought not to be stayed pending the determination of who is a recognised and lawful governor of Abia Sate.

If the court answers the above questions in the affirmative, the plaintiff seeks the following reliefs: A declaration that having regards to the combined provisions of section 176 and 162 (3 and 4) of the 1999 Constitution as amended or any other enabling statute, the defendants cannot validly release the monthly revenue allocations accruing to Abia State or any other state from the federation accounts where there is no lawful or legally recognised governor in office;

A declaration that in the eyes of the law, the monthly revenue allocation from the federation accounts cannot be taken, received or released to Abia State in the absence of a lawfully recognised governor in Abia State;

A declaration that in the eyes of the law and by the combined provisions of section 176 and 162 (6) of the 1999 Constitution as amended or any other enabling statute, the state joint local government account into which all allocations to local government councils in Abia State from the federation accounts cannot be validly operated in the absence of a constitutionally recognised governor or chief executive in Abia State;

A declaration that in view of the judgment of the Federal High Court in suit number FHC/ABJ/CS/71/2016 delivered on the 27th day of June 2016 and the subsequent issuance of certificate of return to Dr. Uchecukwu Samson Ogah by the Independent National Electoral Commission (INEC), further allocations to Abia State from the federation account ought to be stayed pending the determination of who is a recognised and lawful governor of Abia Sate;

An order of injunction restraining the defendants either by themselves, officials, agents, servants or by whatsoever name called, from making further releases of monthly allocation from the federation accounts to Abia State pending the time a valid and lawful recognised governor is in Abia State; and

An order of injunction restraining any person howsoever called from presenting himself for release of funds or revenue from the federation accounts to Abia State pending the time a valid and lawfully recognised governor is in Abia Sate.

In an 18 paragraphs affidavit in support of the originating summon, the plaintiff averred that there is a valid judgment of the Federal High Court Abuja ousting Governor Okezie Ikpeazu from office.

He further averred that the said judgment by Justice Okon Abang dated 27th June, 2016 ordered INEC to issue Dr. Samson Ogah with a certificate of return which qualifies him to be sworn-in as Governor and Chief Executive of Abia State.

The plaintiff deposed that the by virtue of that judgment, the erstwhile governor of Abia State has been ousted and that the party that was issued certificate of return by INEC has not been sworn-in and or resumed office.

He said in the circumstances, further release of funds from the federation accounts to Abia State will not be in the interest of the state as accountability and transparency of the funds will not be ensured.

No date however has been given for the hearing of the suit.