Court dismisses objections against suit to shut down Rivers govt expenditures

A faction of Rivers assembly and its speaker, Mr Amaewhule, loyal to Mr Wike, sought an order of interlocutory injunction restraining the CBN, the commercial banks, including the AGF, from honouring any financial instruction issued by Governor Siminalayi Fubara regarding the state’s funds.

A Federal High Court in Abuja on Friday dismissed all objections raised by the Rivers State Government against proceeding with the hearing of a suit seeking to shut down Governor Siminalayi Fubara’s administration’s expenditures.

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 News Agency of Nigeria (NAN) reports that the Rivers House of Assembly and Martin Amaewhule, as the first and second plaintiffs, 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 14 July but filed on 15 July.

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; Accountant-General (A-G) of Rivers; Rivers Independent Electoral Commission (RSIEC); Chief Judge (CJ) of Rivers, Justice S.C. Amadi; Chairperson of RSIEC, Adolphus Enebeli and the Government of Rivers State as 5th to 10th defendants respectively.

Background

Governor Fubara and his predecessor, Nyesom Wike, the FCT minister, have been fighting a protracted political battle against each other over the control of the political structure in the oil-rich state.

A faction of Rivers assembly and its speaker, Mr Amaewhule, loyal to Mr Wike, sought an order of interlocutory injunction restraining the CBN, the commercial banks, including the AGF, from honouring any financial instruction issued by Mr Fubara regarding the state’s funds.

However, on 6 August, another faction of the Rivers assembly, led by Oko Jumbo, filed a notice of change of counsel.

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

The faction of the assembly, therefore, told the court that Mr Amaewhule was not authorised to file the instant suit and 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 legal representation in this suit,” the Oko Jumbo-led assembly said.

Judge dismisses applications from Rivers govt, others

Justice Abdulmalik also dismissed the application for change of counsel after Mr Somiari moved it.

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.

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

The proceeding was ongoing at the time of filing the report.

NAN reports that the Rivers State Government objected to the 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.

(NAN)