On Thursday, the Federal High Court in Abuja dismissed a lawsuit demanding the reimbursement of funds from Rivers State’s Consolidated Revenue Fund, which were released, allocated, and spent by the Sole Administrator, retired Vice Admiral Ibok-Ete Ibas.
Justice James Omotosho ruled that the Federal High Court lacks jurisdiction over the case, as the matter arises from the presidential declaration of a state of emergency.
The judge supported the defendants’ objection, including that of Kehinde Ogunwumiju, SAN, who represented Ibas, emphasizing that only the Supreme Court holds exclusive and original authority to adjudicate the legality of a presidential emergency proclamation.
Justice Omotosho criticized the claimant’s counsel for insufficient legal research prior to filing the suit, stating, “Proper due diligence is essential to identify the appropriate court and necessary parties before initiating legal action.”
He further noted the importance of professionalism in legal practice, cautioning against the dissemination of inaccurate information through social and broadcast media.
Highlighting the court’s heavy caseload spanning commercial, civil, and criminal matters, the judge remarked that filing baseless suits wastes judicial resources and that the court can, on its own motion, dismiss such void cases to preserve its time.
“A void process cannot confer jurisdiction upon this court,” he affirmed, concluding that the subject matter falls outside the court’s jurisdiction, leading to a refusal to hear the case.
Additionally, the court rejected the plaintiff’s request to transfer the case to the Port Harcourt judicial division, explaining that the law permits transfer only between judicial divisions within a state or to the Federal Capital Territory’s High Court.
Since the court determined that only the Supreme Court can hear matters related to a state of emergency proclamation, transferring the case to another division lacking jurisdiction would be futile.
“Given this court’s inability to transfer the matter to the Supreme Court, the appropriate action is to strike out the entire case for lack of jurisdiction,” the judge declared.
On the issue of the Chief Judge of the Federal High Court’s discretionary power to transfer the case to Abuja, the court also ruled against the plaintiff, reiterating its lack of jurisdiction and declaring the originating process void.
The Incorporated Trustees of Rivsbridge Peace Initiative had initiated the suit (FHC/PH/CS/43/2025), naming President Bola Tinubu as the first defendant, alongside the Federal Republic of Nigeria, the Attorney-General of the Federation, the Accountant-General, the Central Bank of Nigeria, and Ibas as co-defendants.
The group challenged Ibas’ appointment and sought a mandatory injunction compelling all defendants to immediately refund any funds from Rivers State’s Consolidated Revenue Fund that were released, appropriated, or spent following the March 18 emergency declaration.
They argued that these actions violated Sections 120, 121, and 287(1) of the 1999 Constitution (as amended) and existing Supreme Court orders in Rivers State House of Assembly vs. Government of Rivers State (2025).
In a separate ruling on another suit (FHC/PH/CS/46/2025) contesting Ibas’ authority to appoint sole administrators for Rivers State’s 23 local government areas, the court also dismissed the case.
The plaintiffs, who filed the suit against Ibas alone, were found by the court to lack legal standing, as they were neither suspended local government chairmen nor parties directly affected by the dispute.
Justice Omotosho emphasized that the applicants were simply residents of Rivers State and that without the Sole Administrator’s consent filed with the court, the suit was invalid and unsustainable.
He concluded that the court lacked jurisdiction and dismissed the case, stating that referral to a higher court was not applicable.
Earlier, the court had also dismissed a suit challenging the legality of President Tinubu’s suspension of Governor Siminalayi Fubara of Rivers State.
The suit (FHC/PH/CS/51/2025), brought by Belema Briggs, Princess Wai-Ogosu, I. Acho, Emmanuel Mark, and Hadassa Ada on behalf of themselves and Rivers State residents, named the President, Attorney General, Ibas, and the Nigerian Navy as defendants.
The plaintiffs contested the emergency declaration, the suspension of elected officials including Governor Fubara, and the appointment of a sole administrator, seeking to nullify the president’s actions.