Alex Enumah in Abuja
Justice James Omotosho of a Federal High Court, Abuja, has fixed May 2, for hearing in a suit seeking to stop the Rivers State Government from withholding the financial allocations of the 42 Local Government Councils in the state.
Justice Omotosho fixed the date for hearing shortly after ordering service of the motion on notice on the defendants which include; the Inspector General (IG) of Police, Commissioner of Police (CP) Rivers, Director General (DG) State Security Service (SSS), Director SSS Rivers, Attorney-General of the Federation (AGF), Chairman Revenue Mobilisation Allocation and Fiscal Commission, Rivers State Government, AG Rivers State and Finance Commissioner in Rivers.
The plaintiffs include; Dr. Chidi LLoyd, Chairman, Emohua Local Government, Hon. Alwell Ihunda Chairman, Port Harcourt Local government, Dr. Nwanosike Samuel, Ikwerre Local Government, amongst others have dragged the defendants to court over the financial allocation to the council as well as their personal security.
Pending the hearing and determination of their motion on notice for interlocutory injunction, the plaintiffs had filed an ex parte application seeking to restrain the Rivers State Government from withholding their financial allocation.
They had also prayed the court to restrain the security agencies from withdrawing the security personnel attached to them.
In the suit marked FHC/ABJ/CS/537/2024, and filed by their lawyer, Aliyu Hussein, the local government chairmen, also sought an order prohibiting the defendants from preventing the enforcement or implementation of the newly amended Rivers State Local Government Law N:5 of 2024 pending the determination of the motion.
In a 33 paragraph affidavit in support of the application deposed to by Dr. Chidi LLoyd, Chairman of Emohua Local Government, the applicants claimed to have been duly elected in a democratically conducted election for a term of three years under the provisions of the Rivers State Local Government Law.
They asserted that they are autonomous and constitutionally recognised as one of the tiers of the government and that Rivers State House of Assembly Enacted Rivers State Amended Law to guide their affairs and activities.
They claimed that Rivers State Government, AG and Finance Commissioner who are not happy with the amended law have approached the IGP, CP, DG SSS and Director SSS seeking the withdrawal of policing and other security services from them in order to frustrate the implementation of the amended law.
The chairmen alleged that the Police Commissioner in the state who has the responsibility to advise the IG on the policing and security needs of Rivers State is under substantial control of Rivers State Government and would implement the directive of the state government.
They further asserted that it would be impossible for them to carry out their respective functions and duties without the policing and security services of the IG.
The council chairmen asked the court to restrain the defendants especially the Rivers State Government from taking the law into its hand.
They promised to undertake to pay for damages if their suit turns out to be frivolous.
However, Justice Omotosho in a brief ruling ordered that all parties in the suit should maintain status quo pending the hearing and determination of the motion on notice for interlocutory injunction.
The Judge warned that no party should take any step that would make the motion on notice nugatory.
Part of the ruling read: “The plaintiffs are hereby ordered to serve the motion on notice seeking for interlocutory injunction on the defendants to enable them have the opportunity to respond to same.
“That this matter is adjourned to May 2, 2024 for the hearing of the motion on notice.”
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