Justice James Omotosho, in his ruling on Thursday, held that the Federal High Court lacked jurisdiction to entertain the matter since it arose from a presidential proclamation of emergency rule

By Titilope Adako

The Federal High Court in Abuja has dismissed a suit seeking the refund of monies from Rivers State’s Consolidated Revenue Fund allegedly released, appropriated and expended by retired Vice Admiral Ibok-Ete Ibas, the Sole Administrator appointed during the state of emergency.

Justice James Omotosho, in his ruling on Thursday, held that the Federal High Court lacked jurisdiction to entertain the matter since it arose from a presidential proclamation of emergency rule.

He stated that only the Supreme Court has the original and exclusive jurisdiction to determine the validity of such a proclamation.

“I must not fail to say here that counsel to the claimant ought to make proper research regarding his case before filing same.

“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 Incorporated Trustees of Rivsbridge Peace Initiative had filed the suit, marked FHC/PH/CS/43/2025, listing President Bola Tinubu, the Federal Government, the Attorney-General of the Federation, the Accountant-General of the Federation, the Central Bank of Nigeria, and Ibas as defendants.

The group questioned Ibas’ appointment and sought an injunction directing the defendants to refund monies allegedly spent after March 18 when the state of emergency was declared.

Justice Omotosho declined to transfer the case to the Port Harcourt Division as requested by the plaintiffs.

“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 the 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.

In a separate suit, marked FHC/PH/CS/46/2025, which challenged Ibas’ power to appoint sole administrators for the 23 local government areas in Rivers, the court also dismissed the case. Justice Omotosho upheld the preliminary objection raised by Ibas’ lawyer, Kehinde Ogunwumiju (SAN), ruling that the applicants lacked locus standi.

“The applicants are mere individuals who happen to be residents of Rivers State.

“Unless and until the consent of the Sole Administrator is obtained and filed with the originating process, this suit is totally void and has no legs upon which to stand.

“The lack of locus standi on the part of the applicants will lead to a dismissal of this action and referral to a higher court for determination of the suit does not arise as this court has no such power,” he said.

He restated that the court lacked the jurisdiction to entertain the case.

“In final analysis, the suit of the applicants is bound to fail as this court cannot assume jurisdiction over this matter in view of lack of subject matter jurisdiction and lack of locus standi on the part of the applicants.

“Consequently, this action is hereby dismissed for being void,” Justice Omotosho declared.

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