Court dismisses suit seeking refund of Rivers’ monies expended by Ibas

The Federal High Court successful Abuja connected Thursday dismissed a suit seeking a refund of each Rivers’ monies successful the Consolidated Revenue Fund released, appropriated and expended by the Sole Administrator, retired Vice Admiral Ibok-Ete Ibas.

Justice James Omotosho, successful a ruling, held that the Federal High Court (FHC) has nary jurisdiction to find the taxable matter, having stemmed from the statesmanlike proclamation of the authorities of emergency.

The justice upheld the objection raised by lawyers to the defendants, including Kehinde Ogunwumiju, SAN, who represented Ibas successful the case.

Justice Omotosho held that it is lone the Supreme Court that had the exclusive and archetypal jurisdiction to find the validity of the declaration of an exigency regularisation by the president.

“I indispensable not neglect to accidental present that counsel to the claimant ought to marque due probe regarding his lawsuit earlier filing same.

“He indispensable marque diligent probe arsenic to which tribunal has jurisdiction and the indispensable parties successful the suit earlier filing his action.

“Counsel has the work to beryllium nonrecreational successful making specified probe alternatively than spending clip spreading misinformation oregon coating the incorrect representation connected societal media and different broadcast media.

“This tribunal is saddled with a batch of cases, including commercial, civilian and transgression matters which makes its clip precise precious.

“Filing suits which are void abinitio is inimical to the people of justness and the tribunal tin suo motu nullify specified void suit successful bid to prevention its time.

“I truthful clasp that a void process cannot activate the jurisdiction of this court.

“In last analysis, the taxable substance of this suit is extracurricular the jurisdiction of this tribunal and this tribunal volition diminution jurisdiction implicit same,” helium said

The justice besides declined to transportation the lawsuit to Port Harcourt judicial part arsenic portion of the reliefs sought by the plaintiff.

He held that the exertion for transportation of the suit backmost to Rivers was ungrantable.

He said that a look astatine the proviso of the instrumentality revealed that the tribunal tin lone transportation a substance to different judicial division, either a precocious tribunal of a authorities oregon the High Court of the Federal Capital Territory, Abuja.

“This tribunal having held that lone the Supreme Court tin perceive and find matters relating to Proclamation of State of Emergency, it would beryllium wholly worthless to past transportation the substance to different judicial part which arsenic lacks taxable substance jurisdiction.

“Since this tribunal has nary powerfulness to transportation this substance to the Supreme Court, the due people of enactment is to refrain from making immoderate different transportation and to onslaught retired the full processes for deficiency of jurisdiction.

“Consequently, contented 2 is resolved against the claimant,” helium said.

The justice arsenic resolved contented 3 which challenged the discretionary powerfulness of main justice of FHC to person transferred the substance to Abuja for adjudication.

“Consequently, this tribunal hereby declines jurisdiction implicit this suit and the originating process filed is hereby declared void arsenic aforesaid ought not to person been filed earlier this court,” helium ruled.

The News Agency of Nigeria (NAN) reports that the Incorporated Trustees of Rivsbridge Peace Initiative had, successful the suit marked: FHC/PH/CS/43/2025, sued President Bola Tinubu arsenic 1st defendant.

The radical besides named the Federal Republic of Nigeria, the Attorney-General of the Federation, the Accountant-General of the Federation (AG-F), the Central Bank of Nigeria (CBN) and Ibas arsenic 2nd to 6th defendants.

The radical had queried Ibas’ appointment.

It besides sought an bid of mandatory injunction, directing the 1st, 2nd, 3rd, 4th, 5th and 6th defendants to, forthwith, return, refund and oregon wage backmost immoderate monies successful the Consolidated Revenue Fund belonging to Rivers State released, appropriated and oregon expended aft March 18 erstwhile the president declared the authorities of emergency, among others.

It argued that the enactment was without compliance with the explicit proviso of Section 120,121,287(1) of the 1999 Constitution (as amended) and subsisting Order(s) of the Supreme Court successful Rivers State House of Assembly vs Govt of Rivers State (2025).

Justice Omotosho, successful different ruling connected the 2nd suit, marked: FHC/PH/CS/46/2025, which challenged the powerfulness of Ibas to name sole administrators for the state’s 23 l...