4 weeks ago
37 ARTICLE AD
Justice Joyce Abdulmalik of the Federal High Court in Abuja, on Friday, reserved judgment in the suit filed by the Rivers State House of Assembly and Martin Amaewhule, seeking to stop Rivers State fund allocation.
The court proceeded to reserve judgment in the suit after taking all arguments from parties in the substantive suit, originating motions, preliminary objections and other applications before the court.
She stated that a judgment date would be communicated to all the parties in the suit.
She said, “Judgment is hereby reserved to a date that will be communicated to the parties.”
The plaintiffs – the Rivers House of Assembly and Mr Martin Amaewhule, in a suit marked FHC/ABJ/CS/984/2024, had sued the Central Bank of Nigeria, Zenith Bank PLC, Access Bank PLC, the Accountant General of the Federation, the Governor of Rivers State, Governor Siminalayi Fubara, the Accountant General of Rivers State, Rivers State Independent Electoral Commission, the Chief Judge of Rivers State, Hon. S. C Amadi (retired), Chairman Rivers State Independent Electoral Commission, Hon. Justice Adolphus Enebeli, and the government of Rivers State, as 1st to 10th defendants respectively.
Earlier, the Court had dismissed an application 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 Appellate court.
Justice Joyce Abdulmalik had held that the application for stay argued by the lawyer to the State government, Gordy Uche (SAN), was “frivolous, vexatious, unwarranted and mischievous” and dismissed their request.
The Accountant General of Rivers state, Uche Ideozu, represented by his lawyer Tuturu Edem (SAN), in a motion on notice, had asked Justice Abdulmalik to recuse herself from the case alleging utter bias against all the defendants in the suit.
The senior lawyer described the judge’s conduct as strange and unbelievable which was adopted by the CBN and other defendants in the suit.
Justice Abdulmalik, however, refused the recusal request insisting that she was not biased against any of the parties in the suit.
She also refused to have the suit moved from Abuja after the defendants argued that the court lacked jurisdiction to entertain the case.
She declined the request for the suit to be moved to the Federal High Court in Port Harcourt.
She held that the territorial jurisdiction of the Federal High Court was one across the country adding that the Chief Judge of the Federal High Court has the discretion to assign any case to a Judge of his choice.
The Rivers State House of Assembly and its factional Speaker, Martin Amaewhule had instituted the suit through their counsel Joseph Daudu.
The plaintiffs are asking the court for an order to withhold the funds meant for the Rivers state government.
In the motion on notice brought pursuant to Order 28 Rules 1 and 2; Order 27 Rules 5; Order 28 Rule 1(2) of FHC Civil Procedure Rules 2009 and under the inherent jurisdiction of the court, the plaintiffs sought two orders.
An order of Interlocutory Injunction restraining the 1st, 2nd, 3rd and 4th defendants from honouring any request, command, order or mandate or any banking or other instrument, financial instruction or other instructions issued by the 5th defendant on his instruction or at his instance or deriving from the 5th defendant’s authority or in any manner, fund or revenue of Rivers State or Rivers State Government in the custody of the said the defendants, or held by the said defendants for the benefit of Rivers State or Rivers State Government.
Recall that Martin Amaewhule-led Rivers Assembly had, on July 15, suspended all expenditures of Governor Fubara until he re-presents his budget before the house.
The lawmakers gave the governor a seven-day ultimatum to represent his budget, which they said had expired.
Rivers House Leader, Major Jack, moved the motion to bring up a resolution alerting the House of the governor’s seven-day deadline for presenting the 2024 budget to the house.
Following consideration, the assembly decided to shut down the Rivers State Consolidated Revenue Account, prohibiting any expenditure by Fubara’s administration.
