The Association of Local Government of Nigeria (ALGON) Rivers State Chapter, comprising 21 Local Government Area Chairmen, has thrown its weight behind the All Progressives Congress (APC) in calling for the impeachment of Governor Sir Siminalayi Fubara. The call comes amidst allegations of executive rascality and withholding of allocations meant for the local governments since April.
In a press conference held in Port Harcourt, the Chairman of ALGON in the state, Hon. Allwell Ihunda, highlighted the urgent need for the impeachment process to safeguard democracy and uphold the rule of law. He condemned Governor Fubara’s actions, stating, “The Governor of the state has withheld allocation of the LGAs since April, which is a show of executive rascality.”
Ihunda emphasized the governor’s refusal to convene the Joint Account Allocation Committee Meeting (JAAC), which is essential for the disbursement of funds between the state and LGAs. He described this action as illegal and warned of the state being plunged into totalitarianism.
Ihunda noted: “It has come to the notice of the Association of Local Governments of Nigeria (ALGON) Rivers State Chapter that the Rivers State Government under the leadership of His Excellency, Sir Siminialayi Fubara, GSSRS, has neglected, failed and deliberately refused to hold the statutory Joint Account Allocation Committee Meeting (JAAC) which is the prerequisite for the release and disbursement of funds due to the Local Governments in the State Joint Local Government Account and has continued to withhold the statutory allocation due to the 23 Local Governments Councils of Rivers State since the month of April, 2024 (and in the case of Emohua since March, 2024) till date for no just cause, thereby starving the third tier of government of the funds required to discharge its statutory functions in the administration of the Local Government Areas.
“It has also come to our notice that the Governor of Rivers State held a meeting with Heads of Local Government Administration (HLGA), Heads of Personnel Management (HPM), Treasurers of Local Governments and other Directors on Monday the 6th day of May, 2024 in Government House Port Harcourt whereat he directed them to go and compile for presentation to him of the salary vouchers and over heads of civil servants (excluding Chairmen, Vice Chairmen, Councilors and other political office holders), for the various Local Governments with a view to unlawfully dipping his hands into Local Government funds to pay staff salaries directly without the involvement of the democratically elected Local Government Chairmen.”
He added that, “This conduct of the Rivers State Government which smacks of executive high-handedness and lawlessness is not only despicable and unconscionable in a democratic setting, but is also unconstitutional given the clear provisions of sections 3(6), 7 and 162 of the 1999 Constitution, as amended which not only guarantees the system of Local Governments by democratically elected Local Government Councils across the Federation of Nigeria including in Rivers State, but which also vests the Local Government Councils with the right to receive statutory allocations from the Federation Account paid through the State Joint Allocation Account.
“It is even more worrisome to note that the Governor of Rivers State took the decision to withhold the statutory allocation in this case in flagrant violation of the subsisting interim order of the Federal High Court (coram Hon. Justice J. K. Omotosho (J) entered in suit No.FHC/ABJ/CS/537/2024 on the 25th day of April, 2024) which mandated all the parties to the suit, including the Rivers State Government (who is the 7th Defendant therein) to maintain the status quo and not to take any step that will render the pending motion for interlocutory injunction before the court nugatory.
Furthermore, ALGON accused the governor of attempting to usurp the authority of the local governments by directing the payment of staff salaries directly from LGA funds, bypassing the elected local government chairmen.
Ihunda called upon the Rivers State House of Assembly to intervene and curb the governor’s excesses, stating, “We call on the Honourable Members of the Rivers State House of Assembly to take appropriate steps to check the excesses of the Governor of Rivers State and ensure the survival and sustenance of democratic institutions in Rivers State.”
Meanwhile, addressing concerns about the expiration of their tenure, Chief Hon. Dr. Irastus Awoto, the Legal Adviser of ALGON and Chairman of Andoni LGA, affirmed that the democratically elected Chairmen would not vacate office after their tenure ends in June. He cited legal provisions that empower them to stay in office for an additional six months until elections are conducted.
Awoto emphasized, “Yes, we got elected in 2021 and our tenure is to expire in June. But by now LG elections ought to have been concluded and the winners awaiting swearing in. The Assembly has seen that no action has been taking in respect of conducting an election and in their wisdom knows there shouldn’t be any vacuum and we have to maintain democratically elected Chairmen as in the local government law said until elections are done, this Chairmen will stay in office for another six months in the interim.
“As a matter of fact, in respect of this too we went to court, because the state government has not shown any attention as regards local government elections. What we are seeing is associates of the governor making comments that on thr 17th and 18th of June they are going to invade LG offices and they will bring everybody down. This is an invitation to anarchy.
“We as local government Chairmen are going to remain in office because the law as amended by the Rivers State House of Assembly says so. That law has given us an additional six months and we will remain in office after the expiration.”
In light of these developments, tensions continue to rise in Rivers State, with political and legal battles intensifying between the state government and local government officials.