Court Dismisses Suit Over Rivers Funds Spent By Ibas.

Vice Admiral Ibok-Ete Ibas.

The Federal High Court in Abuja, on Thursday, rejected a case that sought the return of all funds belonging to Rivers State in the Consolidated Revenue Fund, which were released, approved, and utilised by the Sole Administrator, retired Vice Admiral Ibok-Ete Ibas.

In his ruling, Justice James Omotosho stated that the Federal High Court does not possess the jurisdiction to adjudicate the matter, as it stems from the president’s declaration of a state of emergency.

The judge accepted the argument put forward by the defence lawyers, including Senior Advocate of Nigeria, Kehinde Ogunwumiju, who represented Ibas in the proceedings.

Justice Omotosho concluded that only the Supreme Court has the exclusive and original jurisdiction to assess the validity of the president’s declaration of a state of emergency.

“I must not fail to say here that counsel to the claimant ought to make proper research regarding his case before filing the 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 ab initio is inimical to the course of justice, and the court can suo motu nullify such a 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 the same,” he said.

The judge also refused to transfer the case to the Port Harcourt judicial division, which was one of the reliefs sought by the claimant.

He explained that the request to move the suit back to Rivers State was not permissible.

He noted that, according to legal provisions, the court is only empowered to transfer a matter to another judicial division within a state high court 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 the 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 also resolved the third issue, which questioned the discretionary power of the Chief Judge of the Federal High Court to have reassigned the case to Abuja for hearing.

“Consequently, this court hereby declines jurisdiction over this suit and the originating process filed is hereby declared void as the 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 filed the suit, marked FHC/PH/CS/43/2025, with President Bola Tinubu named as the first defendant.

Other defendants included the Federal Republic of Nigeria, the Attorney-General of the Federation, the Accountant-General of the Federation, the Central Bank of Nigeria, and Ibas, listed as second to sixth defendants respectively.

The claimants questioned the legitimacy of Ibas’ appointment.

They also requested a mandatory injunction compelling the 1st to 6th defendants to “forthwith, return, refund and or pay back any monies in the Consolidated Revenue Fund belonging to Rivers State released, appropriated and or expended after March 18 when the president declared the state of emergency,” among other demands.

Their argument was that the actions were not in compliance with the provisions of Sections 120, 121, 287(1) of the 1999 Constitution (as amended), and existing Supreme Court orders from the case Rivers State House of Assembly vs Government of Rivers State (2025).

Justice Omotosho, in a separate ruling on another suit, marked FHC/PH/CS/46/2025, which challenged Ibas’ authority to appoint sole administrators for the 23 local government areas of Rivers State, also dismissed the case.

According to NAN, the plaintiffs named Ibas as the only defendant in that matter.

In his decision, the judge accepted the preliminary objection raised by Ogunwumiju, Ibas’s legal counsel, that the plaintiffs lacked the legal standing to initiate the suit.

He observed that the plaintiffs were not among the suspended LGA chairmen and therefore had no right to bring a claim on a matter allegedly affecting the public interest in Rivers.

“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 reiterated that the court was not competent to hear the case.

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

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

NAN previously reported that the same judge struck out a case challenging the legality of President Tinubu’s suspension of Governor Siminalayi Fubara of Rivers State.

That suit, marked FHC/PH/CS/51/2025, was brought by Belema Briggs, Princess Wai-Ogosu, I. Acho, Emmanuel Mark and Hadassa Ada, who claimed to be acting on behalf of themselves and the residents of Rivers State.

The defendants in that suit included the President of the Federal Republic of Nigeria, the Attorney-General of the Federation, Ibas, and the Nigerian Navy.

The plaintiffs questioned the declaration of a state of emergency, the suspension of elected officials, including Governor Fubara, and the appointment of a sole administrator. They sought a court ruling to nullify the president’s actions.