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FAAC Allocation Suspension To Rivers: A FHC Ruling that Misses The Mark

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By Muhammad Jibrin Barde

The Federal High Court (FHC) ruling, which restrains the release of Rivers State’s funds in the absence of an Appropriation Law passed by the Rivers State House of Assembly, raises significant constitutional concerns, particularly in light of the Supreme Court’s 2004 judgment (SC 70/2004).

Federal Allocation to States and Constitutional Guarantees:

The Constitution guarantees states’ entitlement to allocations from the Federation Account, and the Supreme Court in SC 70/2004 upheld that such allocations are a constitutional right that cannot be withheld arbitrarily by the federal government.

The Supreme Court’s decision in favor of Lagos State found the federal government’s attempt to withhold funds unconstitutional, establishing that allocations due to states should be disbursed as constitutionally mandated.

This precedent implies that Rivers State is constitutionally entitled to its allocations from the Federation Account, and interference with these funds may constitute a breach of that entitlement.

Requirement for an Appropriation Law:

The FHC ruling is centered around the requirement that an Appropriation Law must be in place before funds in the Consolidated Revenue Fund of Rivers State can be accessed. According to Section 120(2)-(3) of the Nigerian Constitution, funds can only be withdrawn from the Consolidated Revenue Fund based on an Appropriation Law approved by the State House of Assembly.

However, this clause does not extend to funds from the Federation Account before they reach the state treasury; rather, it governs the usage of the funds once they are within the state’s Consolidated

Revenue Fund.Conflict with Supreme Court Judgment:

The Supreme Court’s 2004 ruling indicates that federal allocations should not be impeded once they are due to a state.

The FHC’s ruling attempts to impose a condition that could delay or restrict the disbursement of funds already allocated to Rivers State.

This could be viewed as overstepping by preventing the state from receiving its constitutionally guaranteed allocations, even if these funds are held in trust until an Appropriation Law is enacted.

This interpretation aligns with SC 70/2004, suggesting that allocations should reach the state without obstruction and that any issues regarding appropriation should be resolved at the state level post-disbursement.

Legality of FHC Injunction in Absence of Appropriation Law:

While it is lawful to require an Appropriation Law for spending from the Consolidated Revenue Fund, the FHC’s decision to prevent the transfer of Federation Account allocations until the passage of an Appropriation Law may be seen as an interference in the financial autonomy of Rivers State.

Typically, withholding funds as a coercive measure to ensure compliance with budgetary laws is not within the FHC’s purview if it restricts the constitutional allocation process established by the Supreme Court.

Possible Grounds for Challenging the FHC Ruling:

Rivers State might argue that the FHC’s ruling contradicts the Supreme Court’s interpretation in SC 70/2004 and infringes upon the state’s financial rights by imposing a restriction not prescribed by the Constitution.

Additionally, the restriction on utilizing funds for election-related purposes without an Appropriation Law might exceed the court’s jurisdiction by interfering in state functions outside federal oversight.

Once funds are allocated from the Federation Account to a state, they become the state’s constitutional entitlement and are protected from external interference by the Federal Government or any federal agency.

Let me also clarify any misunderstanding that may arise regarding the core constitutional issues and the Supreme Court precedent in SC 70/2004. Distinction Between Local Government

Funding and State Allocation:

The Supreme Court case in SC 70/2004 clarified a crucial principle: the constitutional allocation due to states from the Federation Account cannot be withheld by the Federal Government.

The case involved Lagos State’s right to receive funds for its recognized Local Government Authorities.

While Lagos State created additional Local Government Development Areas (LCDAs), it did not prevail on those additional LGAs; however, the Supreme Court did affirm the illegality of the Federal Government’s attempt to withhold funds for the constitutionally recognized LGAs.

Here, the distinction lies in the broader constitutional principle: federal allocations are a constitutional right for each state, and the Federal Government does not have the discretion to withhold funds due to a state based on internal administrative issues within the state, such as the status of a state budget.Federal Government’s Authority.

Regarding State Appropriation Processes:

In the Rivers State matter, the Federal Government is not seeking to “withhold” allocations per se; however, the Federal High Court’s order to prevent the disbursement of Rivers State’s funds due to the absence of an Appropriation Law raises a similar issue of interference.Constitutionally, while an Appropriation Law is required to access funds within the Consolidated Revenue Fund of the State (under Section 120 of the Constitution), the constitutional entitlement of federal allocations to the state is distinct.

Once funds are allocated from the Federation Account to a state, they become the state’s constitutional entitlement and are protected from external interference by the Federal Government or any federal agency.

Role of the Federal Government and the Scope of Judicial Orders: The argument suggesting the President could remove a sitting Governor and replace them with an administrator is legally unsound within the current democratic framework.

The 1999 Constitution of Nigeria, as amended, does not grant the President unilateral powers to remove a governor for issues related to the passing of the state’s budget.

Removal of a Governor is explicitly governed by constitutional provisions, primarily through impeachment processes within the State House of Assembly. Any administrative intervention on the grounds of “national security” would require a formal declaration of a state of emergency and is limited to extraordinary circumstances.

Path Forward for Rivers State:

The simplest resolution would indeed be for the Rivers State Government to present the budget for approval. However, this does not grant the Federal Government or any federal court the authority to impose restrictions on funds due to Rivers State from the Federation Account.

This would represent an overreach and conflict with the constitutional precedent set in SC 70/2004.

Summary

The FHC’s ruling could be challenged on constitutional grounds, as it oversteps by potentially infringing on Rivers State’s rights to its constitutionally mandated allocations.

Any conditions placed on these allocations should respect the autonomy and financial independence of the state as provided by the Constitution.

The Rivers State Governor’s actions or inactions concerning the Appropriation Law should be addressed internally within the state’s legislative processes, without federal interference in the form of withheld allocations.

Conclusion:

The FHC ruling, though focused on enforcing fiscal discipline, potentially conflicts with the 2004 Supreme Court decision that supports the automatic and unconditional allocation of funds to states.

The FHC’s requirement for an Appropriation Law as a precondition for receiving these funds could be argued as unconstitutional interference if it restricts the initial disbursement process.

Rivers State may challenge this ruling in the appellate courts, emphasizing that federal allocations are a constitutional entitlement and should not be conditional on state-level legislative procedures.

Views expressed by contributors are strictly personal and not of OHIBABA.COM

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Opinions

Buhari’s Death Abroad Reflects a Nation That Starves Its Healers by Dr. Adunmoye Ayoade

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Former President Muhammadu Buhari died abroad, far from home, in a foreign hospital. His death, while solemn, is also symbolic.

It reflects a painful irony: the same country whose leaders refuse to invest in its healthcare system continues to starve its own healers.

Nigerian doctors and health professionals, the true lifeblood of the nation, are underpaid, overworked, and systemically ignored.

While political elites escape abroad for care, those who remain behind to hold the fragile system together are left to struggle in silence with little support and even less dignity.

The Nigerian health system is in a state of emergency, crippled by gross underfunding and a mass exodus of medical professionals.

While public hospitals deteriorate, political elites indulge in medical tourism, flying abroad for treatments that could be managed locally.

This is an insult to every Nigerian who has no choice but to rely on poorly funded public hospitals.

The masses bear the brunt of this collapse, facing endless queues, dilapidated infrastructure, and overworked doctors who themselves are victims of a broken system.

The “Japa” syndrome has led to the departure of thousands of our best healthcare providers due to inadequate pay, poor welfare, and lack of adequate security.

Those who remain are stretched thin and overwhelmed, expected to perform miracles under frustrating conditions.

Moreover, beyond exhaustion, many doctors feel frustrated, undervalued, and financially insecure.

A frustrated doctor can inadvertently become a dangerous one, not out of intent, but because the environment fosters mistakes, burnout, and emotional detachment.

Medicine may be a humanitarian profession, but using that to justify poor pay and welfare neglect is moral injustice at its worst.

The poor pay has forced many medical professionals to work at multiple hospitals, often to the detriment of their health and family.

Health workers in Nigeria deserve much more: better pay, housing, and car loans, opportunities for professional development, and mental health support.

These are not luxuries, they are critical investments in the nation’s survival and well-being. The masses, civil society organizations, and religious bodies should join the advocacy for this.

No country mistreats its health workers and thrives. A nation that cannot protect its healers is ultimately unfit to protect its people.

The fact that political elites chose foreign hospitals over local ones is a damning confession: they do not believe in Nigeria.

They do not trust the system they have created, nor do they care for the lives of the ordinary citizens they swore to protect. This is a profound betrayal that cannot be ignored.

In light of this disgraceful reality, the Nigerian Medical Association (NMA) must take urgent action. A bill should be sponsored to prohibit public office holders from seeking medical care abroad for any condition that can be managed in Nigeria.

Our leaders should be compelled to use the same system they oversee. If they can subject themselves to our justice system, they should do the same with our health sector.

Nigerians have internalized years of pain and disillusionment, and their reaction to the death of their leaders reflects the raw emotion of a people long abused and neglected.

If the time ever comes when Nigerians decide to channel their pain into action, history will not be kind to those who failed to act when they had the chance.

The ruling class cannot afford this, and hence the need for them to demonstrate patriotism and a genuine care for the masses.

Now that former President Buhari has been buried, we must also bury the years of neglect, poor remuneration, and systemic disregard for the welfare of our medical personnel.

Let his passing signal a new era where those who hold up our healthcare system are valued, respected, and adequately rewarded.


A reformed health system with good remuneration for its personnel is not a luxury; it is the foundation of a nation that values life, justice, and its people.

Contact email: princeayoade@gmail.com

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One Million Teachers (1MT) Sparks National Policy Conversation with Transformative Education Model

Let There Be Teachers” Conference is expected to gather over 60,000 teachers—the largest congregation of educators ever on African soil.

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At a time when Nigeria’s education system faces unprecedented challenges, 1 Million Teachers (1MT) is offering not just hope—but a proven, homegrown solution.

With an ambitious vision to train and empower one million teachers across underserved communities, 1MT is redefining how education can transform society by placing teachers at the heart of national development.

Rooted in the belief that empowered teachers are the foundation of any thriving society, 1MT’s model has already reached over 100,000 educators across Africa. Its bold target?

One million teachers within five years—creating a ripple effect that will impact millions of learners and entire communities.

A Multi-Pronged Strategy Anchored in Innovation 1MT’s growth is built on five core pillars:

• Blended Learning: A hybrid training model combining online courses with offline community hubs for maximum reach.

• Gamified Teacher Development: The 1MT Blackbelt Program motivates teachers to grow through a merit-based, badge-earning system.

• Community Mentorship: Graduates become mentors, creating self-reinforcing networks of leadership and support.

• Strategic Global Partnerships: Collaborations with institutions like Queen’s University, HP, and Girl Rising extend 1MT’s footprint and credibility.

• Anchor Schools: Designated excellence hubs that serve as real-world laboratories for pedagogy and innovation.

The 1MT Village: Turning Vision into Tangible ChangeMore than just a campus, the 312-acre 1MT Village is a living, breathing demonstration of what happens when visionary thinking meets localised, Afrocentric action.

The Village serves as the “flywheel” of the 1MT mission—its engine room and proving ground.

• A Talent Pipeline: It houses the Centre for Teaching Excellence, Blackbelt educator residencies, the Green School, and a vocational institute—all designed to nurture future education leaders.

• A Regenerative Revenue Model: With businesses in agriculture, tourism, and cultural enterprise, the Village funds its growth sustainably.

• A Magnet for Global Collaboration: Donors, researchers, government officials, and major brands like HP and Mastercard Foundation are drawn to its tangible impact.

• A Policy Laboratory: The Village tests and demonstrates education reforms—from curriculum co-creation to budget simulations—grounded in local realities and teacher leadership.

As Nigeria seeks answers to its educational crisis, 1 Million Teachers are not waiting for change.

Let There Be Teachers’ Conference:

National Advocacy on a Global Stage Slated for September 20, 2025, at Tafawa Balewa Square, Lagos, the “Let There Be Teachers” Conference is expected to gather over 60,000 teachers—the largest congregation of educators ever on African soil.

Aiming for a Guinness World Record, the event is more than symbolic; it’s strategic.

The conference will spotlight the 1MT Blackbelt Graduation—a celebration of master educators trained through the 1MT model—and push for policy reforms including:

• Teacher-led education ministries.• Increased education funding

• Higher entry standards for teacher colleges

• Curriculum design co-owned by teachers.

• Official recognition of October 5 (World Teachers’ Day) as a national holiday.

One Movement, Many Voices

The synergy of 1MT, the Village, and the Conference is no accident. Together, they form a powerful ecosystem:

• 1MT is the heart—training teachers with world-class tools.

• The Village is the body—housing the mission in a living curriculum.

The Conference is the voice—speaking truth to power and the world.

As Nigeria seeks answers to its educational crisis, 1 Million Teachers are not waiting for change.

It is building it—acre by acre, teacher by teacher, voice by voice.Let there be teachers. Let them breathe. Let them lead.

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Who Will Bell The Cat? By Emeka Monye

Whether we belong to one religious group, political party or ethnicity is inconsequential because the harsh economy is hitting hard on everyone.

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The phrase “Who will bell the cat?” originates from a medieval fable about mice who decided to put a bell on a cat to warn them of its approach.

However, they realize that the difficult part is finding a volunteer to actually bell the cat.

The story is a classic fable that teaches a valuable lesson about courage, responsibility, and the challenges of implementing a good idea.

In modern usage, the phrase is often used metaphorically to ask who will take bold action or assume responsibility for a difficult or risky task.

In the story, a group of mice gather to discuss ways to protect themselves from a sly cat that has been terrorizing them.

One clever mouse suggests attaching a bell to the cat’s neck, so the mice can hear it coming and scurry to safety.

The plan seems brilliant, but when the mice are asked who will actually bell the cat, no one volunteers.

Here lies the challenge, everyone was scared of being the victim. The mice realize that it’s easy to propose a plan, but much harder to put it into action, especially when it involves risk.

This fable highlights the importance of considering the practicalities and potential consequences of a plan, as well as the need for courage and willingness to take action.

This is the reality we have found ourselves in modern day Nigeria.

Everyone is complaining, complaining and lamenting about the harsh economic and political disequilibrium, yet no one is bold enough or has summoned the gut to take charge and offer a real solution to the present socio-economic quagmire.

Every day on various social media, the ranting is hitting the high heavens, ceilings are being shattered and walls are being broken by people, mostly the common man, about the state of affairs in the country.

Unfortunately, and like the proverbial mice, no one seems to have summoned the courage to face the Intimidators of the large chunk of the people.

Many of those caught in this web of animal oppression have been divided along fault lines, including politics, tribe, ethnicity and worst of all, religion.

Whether we belong to one religious group, political party or ethnicity is inconsequential because the harsh economy is hitting hard on everyone.

Everyone is complaining, complaining and lamenting about the harsh economic and political disequilibrium, yet no one is bold enough or has summoned the gut to take charge and offer a real solution to the present socio-economic quagmire.

People are on a daily basis dropping dead, either by committing suicide or accidental, because they cannot afford the basic needs of life such as food.

While the political leaders have been fingered as the architect of this present economic circumstance, the reality existing among the followers who in this context can be likened to the mice, is that most of them have not been able to summon the courage to take action.

At best what we hear is false courage on social media, people hiding under pseudonyms to call on unsuspecting and naive Nigerians to go out and cause mayhem, yet these same faceless groups of people oftentimes turn around to betray the people’s trust.

And When groups or individuals in positions of power prioritize their own interests over the trust placed on them, it can lead to feelings of betrayal and disillusionment.

This phenomenon can be seen in various contexts, including politics, business, and social movements.

When leaders or representatives fail to uphold their responsibilities or act with integrity, it can erode trust and undermine the relationships between those in power and the people they serve.

To mitigate these risks, it’s essential to establish robust systems of accountability, transparency, and checks and balances.

This can help ensure that those in power act in the best interests of the people they serve and not make them live like the proverbial MICE seeking for a VOLUNTEER to bell the CAT

Emeka Monye Is A Journalist And Works With ARISE NEWS

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