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Friday, October 25, 2024

Court rejects Rivers government’s objections to suit seeking to shut down expenditures

The Rivers government had objected to the hearing of the suit in Abuja but was turned down by the court.

• October 25, 2024
Rivers State Governor, Sir Siminalayi Fubara [Photo: Facebook/RSG]
Rivers State Governor, Sir Siminalayi Fubara [Photo: Facebook/RSG]

The Abuja Division of the Federal High Court, on Friday, dismissed all objections raised by the Rivers government against proceeding with the hearing of a suit seeking to shut down all expenditures of Governor Siminalay Fubara.

Justice Joyce Abdulmalik 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.

The Rivers House of Assembly and 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 Mr Fubara, the accountant-general (A-G) of Rivers, the Rivers Independent Electoral Commission (RSIEC), the chief judge (CJ) of Rivers, Hon. Justice S.C. Amadi, the chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.), and the Government of Rivers State as 5th to 10th defendants, respectively.

The assembly and Mr Amaewhule, a faction lawyer to Nyesom Wike, the state’s former governor and FCT minister, sought an order of interlocutory injunction restraining the CBN, the commercial banks, and the AGF from honouring any financial instruction issued by Mr Fubara regarding the state’s funds.

However, the Rivers State House of Assembly led by Oko Jumbo filed a notice of change of counsel on August 6.

The Oko Jumbo-led assembly, loyal to Mr Fubara, had told the court that Mr Amaewhule was not the lawful speaker of the assembly, his seat having been declared vacant on December 13, 2023, following his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The assembly, therefore, told the court that Mr 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.

Ms Abdulmalik also dismissed the application for change of counsel after it was moved by Mr Somiari.

The judge equally dismissed the oral applications by the defence lawyers, including Femi Falana, who appeared for the 7th and 9th defendants, seeking an adjournment to enable them to respond to the processes served on them by the plaintiffs.

Mr Falana, in his argument, had told the court that he was just served a bundle of documents a few minutes before the proceeding through the bailiff and that he would need more time to respond.

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 Appeals 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.

(NAN)

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