Judgment Reserved In Suit To Stop FAAC Allocations To Rivers

The Federal High Court in Abuja, on Friday, reserved judgment in a suit seeking to stop the release of federal allocations to the Rivers State government.

Justice Joyce Abdulmalik reserved judgment after all parties had argued for and against the originating summons filed by a factional Rivers State House of Assembly led by RT Hon Martin Amaewhule.

The plaintiffs predicated their case on the grounds that the Rivers State Executive was yet to comply with the order of a Federal High Court directing it to represent the 2024 appropriation bill to the Amaewhule-led faction of the Rivers State House of Assembly.

It would be recalled that Justice James Omotosho of a Federal High Court had in a judgment delivered early in the year faulted Governor Siminalayi Fubara, for presenting the state appropriation before the four- member assembly led by RT Hon Edison Ehie.

Amawele and 26 other members of the state assembly had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) leading to a polarized assembly.

Based on their deflection, the state government claimed that all 27 legislators were no longer members of the state assembly and as such were not entitled to receive the 2024 appropriation which was signed by the governor after being passed by the Ehie faction.

The case however took a another turn after Justice Omotosho affirmed the Amaehwule-led faction, said to be loyal to the Minister of the Federal Capital Territory (FCT) Mr Nyesom Wike, and ordered Governor Fubara to represent the appropriation bill to the assembly led by Amaehwule.

In view of Fubara’s refusal, Amaehwule approached the high court to stop further release of federal allocations to the state until the judgment of the court was complied with.

But the Central Bank of Nigeria (CBN), listed as first defendant, urged the court to dismiss the suit for being frivolous and that the said judgment of Justice Omotosho is already a subject of appeal at the Supreme Court.

Meanwhile, Justice Abdulmalik in a ruling refused to recuse herself from hearing the suit, denying allegations of bias.

The Rivers State Accountant General had filed a motion on notice where he accused Justice Abdulmalik of bias against his office and other defendants in the suit.

Represented by Tuturu Edem SAN, the Accountant General faulted the manner the judge had been conducting the proceedings, describing it as strange and unbelievable.

The position of the Accountant General was adopted by the CBN and all other defendants.

However, in her ruling, Justice Abdulmalik said that she would not recuse herself, adding that she was not biased as alleged.

The Judge also refused to decline jurisdiction and a request to allow the Federal High Court in Port Harcourt take over the proceedings.

Justice Joyce Abdulmalik held that the territorial jurisdiction of the federal high court was one across the country.

The Judge also held that the Chief Judge of the Federal High Court has the discretion to assign any case to a judge of his choice.

She thereafter ordered that hearing in the substantive matter and the preliminary objections should continue.

After all parties had made their submissions for and against the main suit, Justice Abdulmalik reserved her judgment for a date to be communicated to parties.