The Federal Excessive Courtroom in Abuja on Thursday dismissed a swimsuit in search of a refund of all Rivers’ monies within the Consolidated Income Fund launched, appropriated and expended by the Sole Administrator, retired Vice Admiral Ibok-Ete Ibas.
Justice James Omotosho, in a ruling, held that the Federal Excessive Courtroom (FHC) has no jurisdiction to find out the subject material, having stemmed from the presidential proclamation of the state of emergency.
The decide upheld the objection raised by attorneys to the defendants, together with Kehinde Ogunwumiju, SAN, who represented Ibas within the case.
Justice Omotosho held that it’s only the Supreme Courtroom that had the unique and authentic jurisdiction to find out the validity of the declaration of an emergency rule by the president.
“I have to not fail to say right here that counsel to the claimant should make correct analysis concerning his case earlier than submitting identical.
“He should make diligent analysis as to which courtroom has jurisdiction and the mandatory events within the swimsuit earlier than submitting his motion.
“Counsel has the responsibility to be skilled in making such analysis quite than spending time spreading misinformation or portray the mistaken image on social media and different broadcast media.
“This courtroom is saddled with numerous instances, together with industrial, civil and legal issues which makes its time very valuable.
“Submitting fits that are void abinitio is inimical to the course of justice and the courtroom can suo motu nullify such void swimsuit as a way to save its time.
“I due to this fact maintain {that a} void course of can’t activate the jurisdiction of this courtroom.
“In ultimate evaluation, the subject material of this swimsuit is outdoors the jurisdiction of this courtroom and this courtroom will decline jurisdiction over identical,” he mentioned
The decide additionally declined to switch the case to Port Harcourt judicial division as a part of the reliefs sought by the plaintiff.
He held that the applying for switch of the swimsuit again to Rivers was ungrantable.
He mentioned {that a} take a look at the availability of the regulation revealed that the courtroom can solely switch a matter to a different judicial division, both a excessive courtroom of a state or the Excessive Courtroom of the Federal Capital Territory, Abuja.
“This courtroom having held that solely the Supreme Courtroom can hear and decide issues regarding Proclamation of State of Emergency, it will be completely nugatory to then switch the matter to a different judicial division which equally lacks material jurisdiction.
“Since this courtroom has no energy to switch this matter to the Supreme Courtroom, the correct plan of action is to chorus from making some other switch and to strike out the complete processes for lack of jurisdiction.
“Consequently, problem two is resolved in opposition to the claimant,” he mentioned.
The decide equally resolved problem three which challenged the discretionary energy of chief decide of FHC to have transferred the matter to Abuja for adjudication.
“Consequently, this courtroom hereby declines jurisdiction over this swimsuit and the originating course of filed is hereby declared void as identical ought to not have been filed earlier than this courtroom,” he dominated.
The Information Company of Nigeria (NAN) studies that the Integrated Trustees of Rivsbridge Peace Initiative had, within the swimsuit marked: FHC/PH/CS/43/2025, sued President Bola Tinubu as 1st defendant.
The group additionally named the Federal Republic of Nigeria, the Lawyer-Basic of the Federation, the Accountant-Basic of the Federation (AG-F), the Central Financial institution of Nigeria (CBN) and Ibas as 2nd to sixth defendants.
The group had queried Ibas’ appointment.
It additionally sought an order of obligatory injunction, directing the first, 2nd, third, 4th, fifth and sixth defendants to, forthwith, return, refund and or pay again any monies within the Consolidated Income Fund belonging to Rivers State launched, appropriated and or expended after March 18 when the president declared the state of emergency, amongst others.
It argued that the motion was with out compliance with the categorical provision of Part 120,121,287(1) of the 1999 Structure (as amended) and subsisting Order(s) of the Supreme Courtroom in Rivers State Home of Meeting vs Govt of Rivers State (2025).
Justice Omotosho, in one other ruling on the second swimsuit, marked: FHC/PH/CS/46/2025, which challenged the facility of Ibas to nominate sole directors for the state’s 23 native authorities areas of Rivers, was additionally dismissed.
NAN studies that the swimsuit, filed by the plaintiffs, had Ibas as sole defendant.
Delivering the ruling, the decide upheld the preliminary objection of lawyer to Ibas, Ogunwumiju, that the plaintiffs lacked the locus standi (authorized proper) to file the swimsuit.
He mentioned that the plaintiffs have been neither one of many suspended LGA chairmen nor might they’ve filed the swimsuit in opposition to the Federal Authorities or Ibas on a dispute that purportedly impacts most of the people in Rivers.
“The candidates are mere people who occur to be residents of Rivers State.
“Except and till the consent of the Sole Administrator is obtained and filed with the originating course of, this swimsuit is completely void and has no legs upon which to face.
“The shortage of locus standi on the a part of the candidates will result in a dismissal of this motion and referral to a better courtroom for dedication of the swimsuit doesn’t come up as this courtroom has no such energy,” he mentioned.
He restated that the courtroom lacked the jurisdiction to entertain the case.
“In ultimate evaluation, the swimsuit of the candidates is certain to fail as this courtroom can’t assume jurisdiction over this matter in view of lack of material jurisdiction and lack of locus standi on the a part of the candidates.
“Consequently, this motion is hereby dismissed for being void,” Justice Omotosho declared.
NAN had earlier reported that the decide dismissed a swimsuit in search of an order declaring President Tinubu’s suspension of Gov. Siminalayi Fubara of Rivers as unlawful.
The swimsuit, marked: FHC/PH/CS/51/2025, was filed by Belema Briggs, Princess Wai-Ogosu, I. Acho, Emmanuel Mark and Hadassa Ada, who claimed to have sued for themselves and residents of Rivers State.
That they had listed the President of the Federal Republic of Nigeria, the Lawyer Basic of the Federation, Ibas and the Nigerian Navy as defendants.
The plaintiffs had queried the emergency declaration, the suspension of elected officers, together with Gov. Fubara, the appointment of a sole administrator and, amongst others, prayed the courtroom to void the president’s motion.
The publish Courtroom dismisses swimsuit in search of refund of Rivers’ monies expended by Ibas appeared first on Vanguard Information.
