Court reserves judgment in pro-Wike lawmakers’ suit seeking to stop Rivers funds
Court reserves judgment in pro-Wike lawmakers’ suit seeking to stop Rivers funds
A Federal High Court in Abuja, on Friday reserved judgment in a suit filed by Rivers House of Assembly led by Mr Martin Amaewhule, seeking to stop all allocations to the state.
Justice Joyce Abdulmalik adjourned the judgment to a date that would be communicated to parties after the lawyers to the plaintiffs and the defence adopted their processes and argued their case for and against the suit.
The Voice Media Trust (VMT NEWS) reports that Justice Abdulmalik had earlier dismissed all objections raised by the Rivers government against proceeding with the hearing of the suit.
The judge dismissed the applications by the state government and other defendants in the suit to stay proceedings, pending the hearing and the determination of the appeal already filed before the Appeal Court.
The judge held that the request was frivolous, vexatious, unwarranted and mischievous.
VMT NEWS reports that the Rivers House of Assembly and Mr Martin Amaewhule, as 1st and 2nd plaintiffs, had sued the Central Bank of Nigeria (CBN) and nine others in the suit marked: FHC/ABJ/CS/984/24.
The plaintiffs, through their lead counsel, Joseph Daudu, SAN, filed the suit dated July 14 but filed July 15.
They listed the CBN, Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF) as 1st to 4th defendants.
They also joined Fubara; Accountant-General (A-G) of Rivers; Rivers Independent Electoral Commission (RSIEC); Chief Judge (CJ) of Rivers, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.) and Government of Rivers State as 5th to 10th defendants respectively.
The assembly and Mr Amaewhule sought an order of Interlocutory Injunction restraining the CBN, the commercial banks, including the AGF from honouring any financial instruction issued by Fubara regarding the state’s funds.
However, the Rivers State House of Assembly led by Mr Oko Jumbo filed a notice of change of counsel on Aug. 6.
The Oko Jumbo-led assembly, loyal to Gov. Fubara, had told the court that Amaewhule was not the lawful speaker of the assembly, his seat, having been declared vacant on Dec. 13, 2023 following his detection from Peoples Democratic Party (PDP) to All Progressives Congress (APC).
The assembly , therefore, told the court that Amaewhule was not authorised to file the instant suit, hence, it had decided to change its counsel.
“The 1st plaintiff herein has changed their counsel, J.B. Daudu, SAN of J. B. Daudu & Co., and now briefed S. A. Somiari, SAN, MCIArb (UK) of Sammie Somiari & Associates for the purposes of legal representation in this suit,” the Oko Jumbo-led assembly said.
Justice Abdulmalik also dismissed the application for change of counsel after it was moved by Somiari.
The judge equally dismissed the oral applications by the defence lawyers, including Femi Falana, SAN, who appeared for 7th and 9th defendants, seeking an adjournment to enable them respond to the processes served on them by the plaintiffs.
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Falana, in his argument, had told the court that he was just served a bundle of documents few minutes before the proceeding through the bailiff and that he would need more time to respond.
Besides, Justuce Abdulmalik dismissed a motion on notice filed by Jumbo to be joined as co-plaintiff in the suit.
The judge agreed with the plaintiffs that Jumbo was not a necessary party to the suit.
VMT NEWS reports that Justice Emeka Nwite of a sister court had, on July 21, refused to grant the ex-parte motion moved by the plaintiffs when it was earlier assigned to him during the vacation period.
Justice Nwite, in a ruling on the motion ex-parte moved by Sebastien Hon, SAN, rather ordered the plaintiffs to put all the defendants in the suit on notice.
The suit was, however, reassigned to Justice Abdulmalik after the Federal High Court resumed from vacation since Nwite was a vacation judge.
The Rivers government had objected to hearing of the suit in Abuja but was turned down by the court.
This prompted the state government to approach the Court of Appeal to intervene in the matter.
The state government filed an appeal marked: CA/ABJ/CV/1197/2024 and filed a motion seeking the Federal High Court to stay proceedings until its appeal is determined.
