The Rivers State government’s attempt to suspend proceedings in a suit aimed at halting all expenditures by Governor Siminalayi Fubara was denied by the Federal High Court in Abuja on Friday. Judge Joyce Abdulmalik characterized the request as frivolous, unwarranted, and mischievous.
The Rivers State Government, along with other defendants, sought a stay of proceedings pending the resolution of an appeal already filed in the Court of Appeal. The suit, initiated by plaintiffs Martin Amaewhule and another party, names the Central Bank of Nigeria (CBN) and nine others, designated as FHC/ABJ/CS/984/24.
The plaintiffs, represented by lead counsel Joseph Daudu, SAN, filed the suit dated July 14, with an official filing date of July 15. The defendants include the CBN, Zenith Bank Plc, Access Bank Plc, and the Accountant-General of the Federation (AGF), labeled as the first through fourth defendants.
Also named as defendants, from fifth to tenth, are Governor Fubara, the Accountant-General of Rivers, the Rivers State Independent Electoral Commission (RSIEC), Chief Judge Hon. Justice S.C. Amadi, Chairman of RSIEC Hon. Justice Adolphus Enebeli (rtd.), and the Government of Rivers State.
The plaintiffs sought an interlocutory injunction to prevent the CBN, commercial banks, and the AGF from honoring any financial instructions from Fubara concerning the state’s funds.
However, the Rivers State House of Assembly, led by Mr. Oko Jumbo, filed a notice of change of counsel on August 6. The Oko Jumbo-led assembly, supportive of Governor Fubara, contended that Amaewhule was not the lawful speaker of the assembly, as his seat had been declared vacant on December 13, 2023, following his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Consequently, the assembly informed the court that Amaewhule lacked the authority to initiate the suit, prompting their decision to change counsel.
“The 1st plaintiff herein has changed their counsel from J.B. Daudu, SAN of J. B. Daudu & Co., to S. A. Somiari, SAN, MCIArb (UK) of Sammie Somiari & Associates for legal representation in this suit,” stated the Oko Jumbo-led assembly.
Justice Abdulmalik also dismissed the application for change of counsel after Somiari presented it. The judge similarly denied oral applications by defense lawyers, including Femi Falana, representing the seventh and ninth defendants, who sought an adjournment to address recently served documents.
Falana argued that he had received a large bundle of documents just moments before the proceeding and required additional time to respond.
The Rivers government objected to the hearing of the suit in Abuja, but the court rejected their request. Consequently, the state government filed an appeal, marked CA/ABJ/CV/1197/2024, requesting an order for the Federal High Court to stay proceedings until the appeal is resolved.
