|
Listen to article
|
The Federal High Court in Abuja on Thursday dismissed a suit seeking a refund of all Rivers’ monies in the Consolidated Revenue Fund released, appropriated and expended by the Sole Administrator, retired Vice Admiral Ibok-Ete Ibas.
Justice James Omotosho, in a ruling, held that the Federal High Court (FHC) has no jurisdiction to determine the subject matter, having stemmed from the presidential proclamation of the state of emergency.
The judge upheld the objection raised by lawyers to the defendants, including Kehinde Ogunwumiju, SAN, who represented Ibas in the case.
Justice Omotosho held that it is only the Supreme Court that had the exclusive and original jurisdiction to determine the validity of the declaration of an emergency rule by the president.
“I must not fail to say here that counsel to the claimant ought to make proper research regarding his case before filing same.
Read Also: Ogadinma Iwu Case: Lawyer Decries DSS Defiance Of Court Orders
“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,” he said
The judge also declined to transfer the case to Port Harcourt judicial division as part of the reliefs sought by the plaintiff.
He held that the application for transfer of the suit back to Rivers was ungrantable.
He said that a look at the provision of the law revealed that the court can only transfer a matter to another judicial division, either a high court of a state or the High Court of the Federal Capital Territory, Abuja.
“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 said.
The judge equally resolved issue three which challenged the discretionary power of chief judge of FHC to have transferred the matter to Abuja for adjudication.
“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,” he ruled.
The News Agency of Nigeria (NAN) reports that the Incorporated Trustees of Rivsbridge Peace Initiative had, in the suit marked: FHC/PH/CS/43/2025, sued President Bola Tinubu as 1st defendant.
The group also 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 as 2nd to 6th defendants.
