Connect with us

Politics

How Rivers Govt can approach S’Court judgement on allocation stoppage – Farah Dagogo

Published

9 months ago

on

Hon. Farah Dagogo was a former governorship aspirant in the 2023 Rivers State election. He was at different times a member of the National Assembly (House of Representatives) and State House of Assembly.

In this interview with Ekwutosblog, he gives insight into the recent Supreme Court judgement on Rivers State political crises, steps that the Governor and the House of Assembly need to take for lasting peace. He also advised against tenure elongation of Local Government chairmen just as he gave instances on how the judgement on stoppage of allocations can be challenged. Excerpts!

Is the Supreme Court order on seizure of allocations to Rivers State justified?

The principle that a smaller panel of judges cannot overrule a larger panel within the same court is fundamental to maintaining judicial consistency and stability. In the context of the Nigerian Supreme Court, this doctrine ensures that legal precedents are respected unless reconsidered by an equal or larger bench.

In Nigeria, the doctrine of stare decisis mandates that decisions of higher courts bind lower courts, and courts of equal standing should follow established precedents. Specifically, a smaller panel, such as a five-justice bench, should not overrule the decision of a larger panel, like a seven-justice bench. This hierarchy preserves the integrity and predictability of the legal system. For instance, in Sodeinde Bros. Ltd v. ACB Ltd, the Supreme Court emphasized that a five-person panel cannot overrule or depart from the decision of a panel of equal or larger number.

The recent events in Rivers State have brought this principle into sharp focus.

The crisis began when 27 members of the Rivers State House of Assembly allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). Under Nigerian law, specifically the 1999 Constitution (as amended) lawmakers are expected to vacate their seats upon defection unless their original party is factionalized. However, the Supreme Court found no evidence supporting the claim that these lawmakers had defected, thereby rejecting the assertion that they had lost their seats.

You recall that a five-justice panel of the Supreme Court ruled that there was no evidence of defection by the 27 lawmakers, effectively restoring their positions in the House. This decision raises concerns about adherence to judicial hierarchy, as it appears to conflict with the established precedent that a smaller panel cannot overrule a larger one. The ruling also ordered the Central Bank of Nigeria to withhold federal allocations to Rivers State until the budget was passed by the reinstated lawmakers, a move that has been criticized as punitive towards the state’s populace.

This brings to bear analysis of Judicial Authority and Case Law. The Supreme Court’s decision to have a five-justice panel address an issue previously settled by a seven-justice panel contradicts the established judicial practice of panel hierarchy and overruling precedents. Such actions can undermine the consistency and reliability of legal precedents. As noted in legal analyses, the present panel size weakens the institutional voice of the Supreme Court and is potentially harmful to its integrity.

The 1999 Constitution (as amended) stipulates that lawmakers who defect from their political parties without justifiable reasons, such as a division within the party, must vacate their seats. In this case, the Supreme Court found no evidence of defection, thereby allowing the lawmakers to retain their positions. This interpretation aligns with the constitutional mandate but raises questions about the court’s consistency in applying these provisions. I am giving all these backgrounds so you have an idea of how the law works or operates.

To your question on withholding of Federal Allocations to the state, the Supreme Court’s directive to withhold federal allocations to Rivers State introduces a complex constitutional issue. While the court aims to enforce legislative compliance, such financial sanctions could be seen as overreach, potentially violating the principles of federalism and the financial autonomy of state governments.

To surmise it, the Supreme Court’s handling of the Rivers State legislative crisis highlights critical issues concerning judicial hierarchy, adherence to constitutional provisions, and the balance of powers within Nigeria’s federal structure. Departing from established precedents without convening an appropriate panel size undermines the judiciary’s credibility and the doctrine of stare decisis. Moreover, punitive measures affecting state finances may set a concerning precedent for federal-state relations. It is imperative for the judiciary to uphold its foundational principles to maintain public trust and ensure the rule of law.

Related Topics:
Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Politics

President Tinubu Transmits to The Senate Lists Of Ambassadorial Nominees

Published

12 hours ago

on

December 4, 2025

By

President Bola Tinubu has transmitted to the senate two lists of 34 career and 31 non career ambassadors nominees for screening and confirmation.

Prominent names listed as non career ambassadors include Reno Omokri, Femi Fani-Kayode, Gen. Abdulrahman Dambazau, Victor Ikpeazu and Ifeanyi Ugwuanyi.

Also listed as non career ambassadors nominees are Prof. Mahmood Yakubu, Vice Admiral Ete Ibas, Senator Jimoh Ibrahim, Senator Nora Daduut, Fatima Ajimobi, and Senator Ita Enang among others.

The two lists brings to 68 number of persons nominated so far as ambassadors awaiting confirmation by the Senate.

Continue Reading

Politics

PRESIDENT TINUBU FORWARDS NEW AMBASSADORIAL LIST TO SENATE, NOMINATES DAMBAZAU, IBAS, CHIOMA OHAKIM AND OTHERS

Published

17 hours ago

on

December 4, 2025

By

 

By Prince Uwalaka Chimaroke
4-DEC- 2025

President Bola Ahmed Tinubu has submitted a fresh set of ambassadorial nominations to the Senate, featuring a mix of distinguished public figures and seasoned professionals drawn from across the country.

Among the notable nominees are former Chief of Army Staff and ex-Minister of Interior, Abdulrahman Dambazau; former Chief of Naval Staff and immediate past sole administrator of Rivers State, Ibok-Ete Ekwe Ibas; former senator Ita Enang; and Mrs. Chioma Ohakim, former First Lady of Imo State.

The President formally transmitted two comprehensive lists containing 34 career and 31 non-career ambassadorial nominees, bringing the total number of nominees awaiting Senate confirmation to 68.

The newly submitted lists mark another significant step in the administration’s ongoing diplomatic restructuring, aimed at strengthening Nigeria’s representation and presence across global missions.

The Senate is expected to commence screening and confirmation proceedings in the coming days.

 

Continue Reading

Politics

I’m Not Playing Politics with Nnamdi Kanu’s Release – Gov Otti Replies Chief Ogbonna

Published

20 hours ago

on

December 4, 2025

By

Our attention has been drawn to a statement credited to a Former Commissioner for Local Government and Chieftaincy Affairs in Abia State, Chief Charles Ogbonna, wherein he called Governor Alex Otti unprintable names and also alleged that Governor Otti didn’t visit President Tinubu to discuss the issue of Mazi Nnamdi Kanu, but to plan on how to defect to the APC, among other childish verbal attacks.

Chief Ognonna has been unleashing unprovoked verbal venom and vituperation on the Governor, but we chose to ignore him, not only because we have been busy with the task of governance, but because we also know that he is traumatised by the obscurity he was plunged into after the 2023 general election and felt he should be allowed to experience some healing that could help normalise his reasoning.

 

Ordinarily, we would have still ignored Chief Ognonna’s latest idle tirade and allow him delude himself with fantasies of fury, but because the Nnamdi Kanu issue is both sensitive and very important to this government, we felt we should respond and put the records straight.

 

In continuation of Governor Otti’s efforts aimed at securing Kanu’s release, the Governor subsequently had a meeting with the President after visiting the IPOB leader at the Sokoto Correctional Centre on Sunday, November 30 2025. This is in continuation of earlier meetings the Governor had been having with the FG on this matter in the past two years.

The issue of Kanu was the only subject matter that took Governor Otti to Aso Rock and to the Glory of God, the meeting was both positive and fruitful, as the President was so gracious and generous.

 

Chief Ogbonna’s allegation of Governor Otti going to lobby to join the APC is both petty, ignoble, laughable and very irresponsible. At the risk of sounding immodest, any political party Governor Otti chooses to join today would roll out the drums and red carpet to welcome him with joy and excitement. If anything, many notable and respected APC leaders are not just desirous of having him in their fold, but are strongly appealing to Governor Otti to join their party because they know that he is not a liability.

 

Ogbonna accused Otti of betrayal, but he didn’t say who Otti betrayed, how and when.

 

He claimed that Otti doesn’t have capacity, yet Otti defeated him in his Polling Unit, Ward and LGA where his PDP Candidates from House of Assembly to President lost woefully.

 

He accused Governor Otti of inconsistency, yet he abandoned Alhaji Atiku Abubarkar less than 48 hours after the result of the Presidential Election was announced, in spite of the empty noise and boast he made about the PDP’s Presidential Candidate, all for Atiku’s money when it was needed and available.

He alleged that Governor Otti is playing politics with Nnamdi Kanu, yet, he is angry that the Governor is engaging the FG to secure Kanu’s freedom. Is there anything more contradictory and ridiculous than Ogbonna’s utterances?

 

At this point, the general public needs to know the genesis of Chief Ogbonna’s anger and aggression.

Having acquired Agbozu Cocoa Plantation when he was in government, the present government decided to reclaim the Plantation which was yielding nothing to the state under Charles Ogbonna. In line with Governor Otti’s policy of operating a government with human face, which sees him pay compensation so as not to hurt any citizen or investor, he approved a compensation package which was paid to Chief Ogbonna. He was excited and full of thanks and appreciation to Governor Otti for the gesture, because he knew he didn’t deserve it. Unfortunately and in line with his insatiable quest for power and money, he thought that another opportunity had opened for him to surreptitiously sneak into the government as he later nominated his son to be appointed by Governor Otti. The Governor flatly declined the request and subsequently appointed another person from the same Ogbonna’s Community, a development that made him feel slighted, diminished and broken and has since then gone out of control, throwing tantrums and hoping to be invited for settlement.

 

Chief Ogbonna’s problem, like some of his co-travellers is his failure to wake up from his slumber and realise that the era of ruins is over and that Abia has moved forward, never to be dragged back.

His primitive arrogance and mediocre mindset that limit his understanding of government and governance to political appointments, settlement and sharing of public funds without service to the people has so blinded him to the extent that he attacked the Governor recently for awarding the badly broken Umuahia-Ikot Ekpene road, claiming that the FG had aleady awarded it and thus should not be awarded by the Governor. How could any human being with conscience prefer that his people continue to suffer and die in their numbers just because he feels that building the strategic road would earn the Governor a huge political capital? Ogbonna needs to be reminded that such evil mindset has no place in the New Abia.

 

Even though Ogbonna’s character deficiency doesn’t position him for any modicum of respect, however, having advanced in age, he is expected to conduct himself honourably and responsibly so as not to attract insults to himself.

 

Finally, Ogbonna needs to be educated that one of the hallmarks of a great leader is his ability to apply wisdom, emotional intelligence and deploy the instrument of diplomacy in solving problems that have the propensity to impact the security of life and property of the people negatively if handled wrongly.

Governor Otti didn’t campaign with Mazi Nnamdi Kanu’s name in 2023, and doesn’t need to campaign with his plight for 2027, however, he strongly believes that resolving the problem of Kanu’s conviction is one of the ways to achieving peace, security and healing in our land. Unfortunately, Chief Ogbonna is not grounded, both in character and knowledge of the ingredients of modern leadership, hence his kindergarten politicisation of Governor Otti’s engagements with the FG and visit to the President.

Now that Ogbonna has become an errand boy in the APC, he needs to be reminded that he can pursue his stomach agenda without necessarily carrying out this misplaced aggression against Governor Otti, because it makes him look more pathetic than he can ever imagine.

 

Ferdinand Ekeoma

Special Adviser to the Governor

(Media and Publicity)

December 4, 2025.

Continue Reading

Trending