The Conference of Professionals in the People’s Democratic Party (CP-PDP) has warned the Rivers State sole administrator, Vice-Admiral Ibok-Ete Ibas (rtd), to steer clear of statutory allocation and other funds released to the State, as such will be in breach of the Constitution.
Protem National Coordinator, Obinna Nwachukwu, in a statement issued said it is illegal to spend any State fund under democratic rule without legislative approval.
The group noted that no provision of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) grants the Administrator the power to appropriate or disburse allocation or any fund allocated to Rivers State.
According to the CP-PDP, Section 120 (3) (4) of the 1999 Constitution provided that; “No money shall be withdrawn from any public fund of the state, other than the Consolidated Revenue Fund of the state, unless the issue of these moneys has been authorised by a law of the House of Assembly of the State.”
It added that subsection 4 of the same law stated that “No money shall be withdrawn from the Consolidated Revenue Fund of the state of any other public fund of the State except in the manner prescribed by the House of Assembly.”
The conference contended that Section 121 (1) of the 1999 Constitution empowers only the democratically elected Governor of the State to prepare and lay the State’s revenue and expenditure estimates before the State House of Assembly for appropriation and authorization for spending.
“Vice-Admiral Ibok-Ete Ibas (retd) should note that his appointment by President Tinubu as Sole Administrator of Rivers State even with the endorsement of the National Assembly, remains illegal as it is completely inconsistent with the provisions of the 1999 Constitution, with specific reference to Section 5(2) which provides that the executive powers of a state shall be vested only in the democratically elected governor of the state,” the group said.
It further referred the sole administrator to Section 1(3) of the 1999 Constitution, which provided that “if any other law is inconsistent with the provisions of this constitution, this Constitution shall prevail and that other law, to the extent of the inconsistency be void.
“The endorsement of his appointment by the National Assembly is therefore void not being consistent with the provision of the 1999 Constitution (as amended).”
The group put the Economic and Financial Crimes Commission (EFCC) on notice regarding any withdrawal and spending of Rivers State public funds by Vice-Admiral Ibas (retd) for further action in the interest of the people of the State.
It commended PDP Governors for approaching the Supreme Court on the matter of Rivers State in the efforts to preserve democracy in the country.
“Our foreign affairs experts will be petitioning international bodies for appropriate sanctions, including visa bans for individuals and the families of individuals involved in undermining democracy in Nigeria, particularly in Rivers State,” the CP-PDP disclosed.
