A FEDERAL High Court in Abuja, on Thursday, October 2, dismissed a suit seeking a refund of all monies belonging to Rivers State in the Consolidated Revenue Fund, released, appropriated and expended by the former sole administrator under emergency rule, Vice Admiral Ibok-Ete Ibas (rtd).
According to the News Agency of Nigeria (NAN), the presiding Judge, Justice James Omotosho, in his ruling, held that the court has no jurisdiction to determine the subject matter, having originated from the presidential proclamation of a state of emergency.
He upheld the objection raised by Counsel to the defendants, including Kehinde Ogunwumiju (SAN), who represented Ibas in the case, that only the Supreme Court has the exclusive and original jurisdiction to determine the validity of the declaration of an emergency rule by the President.
He ruled: “I must not fail to say here that Counsel to the claimant ought to make proper research regarding his case before filing same. He must make diligent research as to which court has jurisdiction and the necessary parties in the suit before filing his action.
“Counsel has the duty to be professional in making such research, rather than spending time spreading misinformation or painting the wrong picture on social media and other broadcast media.
“This court is saddled with a lot of cases, including commercial, civil and criminal matters, which makes its time very precious.
“Filing suits which are void, abinitio, is inimical to the course of justice and the court can, suo motu, nullify such void suit in order to save its time.
“I, therefore, hold that a void process cannot activate the jurisdiction of this court.
“In final analysis, the subject matter of this suit is outside the jurisdiction of this court and this court will decline jurisdiction over same.”
Justice Omotosho also declined part of the reliefs sought by the plaintiff- to transfer the case to Port Harcourt Judicial Division, saying it was ungrantable.
The Judge said a look at the provision of the law showed that the court can only transfer a matter to another judicial division, either a High Hourt of a state or the High Court of the Federal Capital Territory (FCT), Abuja.
He held: “This court, having held that only the Supreme Court can hear and determine matters relating to Proclamation of State of Emergency, it would be totally worthless to then transfer the matter to another judicial division, which equally lacks subject matter jurisdiction.
“Since this court has no power to transfer this matter to the Supreme Court, the proper course of action is to refrain from making any other transfer and to strike out the entire processes for lack of jurisdiction.
“Consequently, issue two is resolved against the claimant.”
He also resolved issue three, which challenged the discretionary power of Chief Judge of FHC to have transferred the matter to Abuja for adjudication, ruling: “Consequently, this court hereby declines jurisdiction over this suit and the originating process filed is hereby declared void, as same ought not to have been filed before this court.”
Recall that the Incorporated Trustees of Rivsbridge Peace Initiative, had, in the suit, marked: FHC/PH/CS/43/2025, listed President Bola Tinubu as 1st defendant, with the Federal Republic of Nigeria; Attorney General of the Federation (AGF); Accountant General of the Federation (AG-F); Central Bank of Nigeria (CBN) and Ibas as 2nd to 6th defendants.
The group had queried Ibas’ appointment and sought an order of mandatory injunction, directing the six defendants to, forthwith, return, refund and or pay back any monies in the Consolidated Revenue Fund belonging to Rivers State, released, appropriated and or expended after the declaration of emergency rule in March 18, among others.
It argued that the declaration was without compliance with the express provision of Section 120,121,287(1) of the 1999 Constitution (as amended) and subsisting Order(s) of the Supreme Court in Rivers State House of Assembly vs Govt of Rivers State (2025).
Justice Omotosho also dismissed a second suit, marked: FHC/PH/CS/46/2025, challenging the power of Ibas to appoint sole administrators for the state’s 23 local governments, filed by the plaintiffs, with Ibas as sole defendant.
In his ruling, the Judge upheld Ogunwumiju’s preliminary objection that the plaintiffs lacked the locus standi (legal right) to file the suit, holding that the plaintiffs were neither one of the suspended council chairmen nor could they have filed the suit against the Federal Government or Ibas on a dispute that purportedly affects the general public in Rivers.
According to him: “The applicants are mere individuals who happen to be residents of Rivers State.
“Unless and until the consent of the sole administrator is obtained and filed with the originating process, this suit is totally void and has no legs upon which to stand.
“The lack of locus standi on the part of the applicants will lead to a dismissal of this action and referral to a higher court for determination of the suit does not arise as this court has no such power.”
The Judge reiterated that the court lacked the jurisdiction to entertain the case, declaring: “In final analysis, the suit of the applicants is bound to fail, as this court cannot assume jurisdiction over this matter in view of lack of subject matter jurisdiction and lack of locus standi on the part of the applicants.
“Consequently, this action is hereby dismissed for being void.”
Justice Omotosho had earlier dismissed a suit seeking an order declaring Tinubu’s suspension of Governor Siminalayi Fubara as illegal.
The suit, marked: FHC/PH/CS/51/2025, was filed by Belema Briggs, Princess Wai-Ogosu, I. Acho, Emmanuel Mark and Hadassa Ada, who claiming to have sued for themselves and residents of Rivers State, listed the President of the Federal Republic of Nigeria, AGF; Ibas and Nigerian Navy as defendants.
The plaintiffs had queried the emergency declaration, the suspension of elected officials, including Fubara, appointment of a sole administrator, and, among others, prayed the court to void the President’s action.
Published:
Related articles
Recent articles
