A Federal High Court in Abuja has refused to shut down all expenditures of River State Governor Siminalayi Fubara pending the hearing and determination of the substantive suit field by the Martin Amaewhule-led state Assembly.
In a ruling on the motion ex-parte moved by a Senior Advoctate of Nigeria (SAN), Sebastien Hon, Justice Emeka Nwite rather ordered the plaintiffs to put all the defendants in the suit on notice.
He, however, granted another motion ex-parte by the plaintiffs to serve the 5th to 10th defendants with the originating process and other applications in the matter by substituted means.
The judge said: “the leave is hereby granted to the plaintiffs/applicants to serve the 5th to 10th defendants/respondents with tne plaintiffs/applicants’ originating and any other process(es) filed or issued in this suit by substituted means to wit:
“By publishing same in The Nation newspapers”.
Justice Nwite adjourned the matter until Aug. 7 for hearing of the motion on notice.
The News Agency of Nigeria (NAN) reports that the fifth to 10th defendants are Fubara; Accountant-General of Rivers; Rivers Independent Electoral Commission (RSIEC); Chief Judge of the state, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.); and Government of Rivers State respectively.
The state House of Assembly; and Amaewhule (first and second plaintiffs) had, through their lead counsel, Joseph Daudu, SAN, filed the suit dated July 14 but filed July 15.
They had sued the Central Bank of Nigeria, Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation as first to fourth defendants respectively.
Also joined in the suit are Fubara, the state Attorney-General, RSIEC, state CJ, Chairman of RSIEC and the state government as fifth to 10th defendants.
In the motion on notice brought pursuant to Order 28 Rules 1 and 2; Order 27 Rules 5; Order 28 Rule 1(2) of FHC Civil Procedure Rules 2009 and under the inherent jurisdiction of the court, the plaintiffs sought two orders.
They sought an order of Interlocutory Injunction restraining the first, second, third and fourth defendants from honouring any request, command, order or mandate or any banking or other instrument, financial instruction or other instructions issued by the fifth defendant.
On his instruction or at his instance or deriving from the 5th defendant’s authority or in any manner, fund or revenue of Rivers State or Rivers State Government in the custody of the said the defendants, or held by the said defendants for the benefit of Rivers State or Rivers State Government or in any
On 15 July, the Amaewhule-led Assembly suspended all expenditures by Fubara until he re-presents his budget before the house.
The lawmakers gave the governor a seven-day ultimatum to re-present his budget, which they said had expired.
House Leader, Hon. Major Jack, moved the motion to bring up a resolution alerting the house of the governor’s seven-day deadline for presenting the 2024 budget to the house.
Following consideration, the assembly decided to shut down the state Consolidated Revenue Account, prohibiting any expenditure by the Fubara administration.
