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Federal High Court Dismisses Rivers Funds Suit

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Federal High Court dismisses Rivers funds suit

Federal High Court dismisses Rivers funds suit, ruling that only the Supreme Court can decide disputes arising from a state of emergency

The Federal High Court dismisses Rivers funds suit challenging the expenditure of state funds under a sole administrator, ruling that it lacked jurisdiction to hear the matter.

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Justice James Omotosho, delivering judgment in Abuja on Thursday, held that the issue stemmed from the presidential proclamation of a state of emergency in Rivers, which placed it beyond the FHC’s remit.

He affirmed that only the Supreme Court has the original jurisdiction to determine the validity of an emergency declaration by the president.

The suit sought a refund of all monies from the Consolidated Revenue Fund released, appropriated, and expended by retired Vice Admiral Ibok-Ete Ibas during his six-month tenure as the sole administrator of Rivers.

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Ibas was appointed by President Bola Tinubu after democratic structures in the state were suspended amid prolonged political crisis.

Justice Omotosho upheld the objection raised by defence counsel, including Senior Advocate of Nigeria Kehinde Ogunwumiju, who represented Ibas.

Ibas vacated office on 18 September following the expiration of the emergency period and the restoration of democratic institutions.

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Earlier, another Federal High Court sitting in Abuja had also dismissed a suit challenging the president’s declaration of emergency rule in the state, reinforcing the position that such disputes are within the exclusive jurisdiction of the Supreme Court.

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