The Federal High Court in Abuja has dismissed a suit that sought a refund of all funds from Rivers State’s Consolidated Revenue Fund that were appropriated and expended by Sole Administrator, retired Vice Admiral Ibok-Ete Ibas. Justice James Omotosho ruled that the court lacks jurisdiction over the matter, which is tied to the presidential declaration of a state of emergency.
In his ruling, Justice Omotosho upheld the objection raised by the defense, stating that only the Supreme Court has the exclusive jurisdiction to determine the validity of the emergency declaration. He criticized the claimant’s legal counsel for not conducting adequate research regarding jurisdiction before filing the suit.
The judge emphasized that filing suits that are void ab initio wastes the court’s time and resources. He stated that the subject matter of the suit falls outside the jurisdiction of the Federal High Court, leading to the dismissal of the action.
The court also rejected a request to transfer the case to Port Harcourt, noting that it would be futile to transfer a matter that lacks subject matter jurisdiction. Justice Omotosho declared the originating process void and stated that the plaintiffs lacked the legal standing to bring the case.
The suit was filed by the Incorporated Trustees of Rivsbridge Peace Initiative against multiple defendants, including President Bola Tinubu and various federal agencies, questioning Ibas’ appointment and the legality of expenditures made after the emergency declaration.
In another suit concerning Ibas’ authority to appoint sole administrators for local government areas in Rivers, the court similarly ruled against the plaintiffs, affirming their lack of legal standing.
Justice Omotosho reiterated that the court could not assume jurisdiction over these matters due to the plaintiffs’ lack of standing and the nature of the claims.
