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Court dumps suit seeking refund of Rivers monies spent by Ibas
The Federal High Court in Abuja on Thursday dismissed a suit seeking a refund of all Rivers’ monies in the Consolidated Revenue Fund released, appropriated and expended by the Sole Administrator, retired Vice Admiral Ibok-Ete Ibas.
Justice James Omotosho, in a ruling, held that the Federal High Court (FHC) has no jurisdiction to determine the subject matter, having stemmed from the presidential proclamation of the state of emergency.
The judge upheld the objection raised by lawyers to the defendants, including Kehinde Ogunwumiju, SAN, who represented Ibas in the case.
Justice Omotosho held that it is only the Supreme Court that had the exclusive and original jurisdiction to determine the validity of the declaration of an emergency rule by the president.
“I must not fail to say here that counsel to the claimant ought to make proper research regarding his case before filing 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 abinitio is inimical to the course of justice and the court can suo motu nullify such 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 same,” he said
The judge also declined to transfer the case to Port Harcourt judicial division as part of the reliefs sought by the plaintiff.
He held that the application for transfer of the suit back to Rivers was ungrantable.
He said that a look at the provision of the law revealed that the court can only transfer a matter to another judicial division, either a high court of a state 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 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 equally resolved issue three which challenged the discretionary power of chief judge of FHC to have transferred the matter to Abuja for adjudication.
“Consequently, this court hereby declines jurisdiction over this suit and the originating process filed is hereby declared void as 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 had, in the suit marked: FHC/PH/CS/43/2025, sued President Bola Tinubu as 1st defendant.
The group also named the Federal Republic of Nigeria, the Attorney-General of the Federation, the Accountant-General of the Federation (AG-F), the Central Bank of Nigeria (CBN) and Ibas as 2nd to 6th defendants.
The group had queried Ibas’ appointment.
It also sought an order of mandatory injunction, directing the 1st, 2nd, 3rd, 4th, 5th and 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 others.
It argued that the action was without compliance with the express provision of Section 120,121,287(1) of the 1999 Constitution (as amended) and subsisting Order(s) of the Supreme Court in Rivers State House of Assembly vs Govt of Rivers State (2025).
Justice Omotosho, in another ruling on the second suit, marked: FHC/PH/CS/46/2025, which challenged the power of Ibas to appoint sole administrators for the state’s 23 local government areas of Rivers, was also dismissed.
NAN reports that the suit, filed by the plaintiffs, had Ibas as sole defendant.
Delivering the ruling, the judge upheld the preliminary objection of lawyer to Ibas, Ogunwumiju, that the plaintiffs lacked the locus standi (legal right) to file the suit.
He said that the plaintiffs were neither one of the suspended LGA chairmen nor could they have filed the suit against the Federal Government or Ibas on a dispute that purportedly affects the general public 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 restated that the court lacked the jurisdiction to entertain the case.
“In final analysis, the suit of the applicants is bound to fail as this court cannot assume jurisdiction over this matter in view of lack of subject matter jurisdiction and lack of locus standi on the part of the applicants.
“Consequently, this action is hereby dismissed for being void,” Justice Omotosho declared.
NAN had earlier reported that the judge dismissed a suit seeking an order declaring President Tinubu’s suspension of Gov. Siminalayi Fubara of Rivers as illegal.
The suit, marked: FHC/PH/CS/51/2025, was filed by Belema Briggs, Princess Wai-Ogosu, I. Acho, Emmanuel Mark and Hadassa Ada, who claimed to have sued for themselves and residents of Rivers State.
They had listed the President of the Federal Republic of Nigeria, the Attorney General of the Federation, Ibas and the Nigerian Navy as defendants.
The plaintiffs had queried the emergency declaration, the suspension of elected officials, including Gov. Fubara, the appointment of a sole administrator and, among others, prayed the court to void the president’s action.
News
2027: FOH Endorses Okowa, Says Delta North Needs Him
A socio-political group, Friends of Hilary (FOH), has thrown its weight behind the possible return of former Delta State governor, Ifeanyi Okowa, to the Senate, saying his comeback would significantly enhance the quality of representation for Delta North Senatorial District.
In a statement issued on Monday, the group said Okowa’s previous tenure as senator between 2011 and 2015 remains a benchmark in effective and responsive representation. According to FOH, his time in the National Assembly was marked by impactful legislative contributions, grassroots engagement, and consistent advocacy for the socio-economic development of the district.
“Senator Okowa’s previous outing remains a benchmark in Delta North. His possible return to the Senate will not only restore effective representation but also deepen the voice of our people at the national level,” the group stated.
The group noted that Okowa distinguished himself during his earlier stint through the sponsorship of bills and motions aimed at improving healthcare, education, and infrastructure, while also maintaining close ties with his constituents through empowerment initiatives and regular consultations.
FOH further argued that at a time when strategic influence and experience are critical in national politics, Okowa’s network and legislative experience would be invaluable in advancing the interests of Delta North.
The endorsement comes amid growing political permutations ahead of the 2027 general elections, with stakeholders in the district weighing options for stronger and more impactful representation at the National Assembly.
News
Court orders MTN, AIRTEL to resume airtime lending services
In a significant development for Nigeria’s telecommunications sector, two divisions of the Federal High Court have issued interim injunctions restoring airtime lending services and restraining the enforcement of the contentious regulations introduced by the Federal Competition and Consumer Protection Commission (FCCPC).
The FCCPC had introduced the controversial Digital, Electronic, Online or Non-Traditional (DEON) Consumer Lending Regulations in 2025 prompting the legal action.
The rulings, delivered in Lagos and Abuja, restored services relied upon by millions of Nigerians and offerred relief to licensed Value Added Service providers caught in the dispute.
In Lagos, Justice A. Lewis-Allagoa on April 15, 2026 granted four interim injunctions in suit marked FHC/L/CS/760/2026, filed by the Wireless Application Service Providers Association of Nigeria (WASPA) against the FCCPC.
The court restrained the commission, its officers and agents from enforcing the DEON Regulations, including several key provisions of the framework.
The court further barred the FCCPC from interfering with the operations of WASPA members, imposing sanctions or fines for alleged non-compliance, or issuing directives connected to the enforcement of the regulations and adjourned to 27 April 2026 for further hearing.
Relatedly, the Federal High Court in Abuja on April 24, 2026 granted an interim order in suit marked FHC/ABJ/CS/779/2026 following an ex parte application by Nairtime Holdings Limited and Nairtime Nigeria Limited against MTN Nigeria Communications Plc and Airtel Networks Limited.
The court restrained both telecom operators, their officers and agents from suspending, restricting or otherwise interfering with Nairtime Nigeria Limited’s access to their platforms, including short codes, SMS, USSD and billing services.
The order applies for the duration of Nairtime’s valid licence issued by the Nigerian Communications Commission (NCC) and prevents the operators from relying on the FCCPC regulations as a basis for any disruption.
The applicants had argued that the planned suspension of services was based on a directive linked to the DEON Regulations, despite their compliance with contractual obligations and the absence of any established breach or required notice.
The court found sufficient grounds to grant interim relief pending the determination of the substantive suit.
Taken together, the two rulings effectively place the enforcement of the DEON Regulations on hold, creating a temporary legal framework that allows airtime lending and related services to continue.
The FCCPC is restrained from acting against VAS providers, while telecom operators are prevented from using the regulations to deny licensed operators access to their networks.
The DEON Regulations, introduced by the FCCPC in July 2025, were designed to extend regulatory oversight to unsecured digital lending, including airtime and data credit services.
However, the move triggered strong opposition from industry stakeholders, particularly the Association of Licensed Telecommunications Operators of Nigeria (ALTON), which argued that the regulations encroached on the statutory mandate of the NCC, created overlapping compliance obligations and conflicted with an existing memorandum of understanding between both regulators.
ALTON had raised these concerns with the NCC as far back as August 2025, warning that unresolved jurisdictional conflicts could disrupt the market.
The current litigation and its consequences appear to have validated those concerns.
Although the rulings provide immediate relief for operators and consumers, they remain interim measures.
The substantive suits before the courts will ultimately determine the legality and scope of the FCCPC’s authority over digital lending within the telecommunications sector. (Guardian)
News
2027: Campaign Quietly Underway as Tinubu Secures APC Forms
By Gloria Ikibah
The path towards a second term for President Bola Ahmed Tinubu has effectively been set in motion after nomination paperwork for the 2027 presidential race was obtained within the ruling All Progressives Congress.
The forms were collected in Abuja by Hon. James Faleke, the member representing Ikeja Federal Constituency, who acted on the President’s behalf. The move followed the official opening of the party’s nomination process by its National Organising Secretary, Suleiman Argungu.
A payment of ₦100 million accompanied the collection, marking a significant early step in what is expected to be a closely watched re-election effort.
The development comes against the backdrop of an already published electoral timetable by the Independent National Electoral Commission, which has mapped out key dates for the next general elections.
Voting for the presidency and National Assembly is fixed for 16 January 2027, while governorship and state assembly elections are to follow on 6 February.
The electoral body has also scheduled party primaries between late April and the end of May 2026, with campaigns for federal-level contests expected to begin in August, and those for state offices in September.
With the nomination process now underway, political activity is expected to gather pace in the months ahead as parties begin to organise internally and position themselves for the contest.
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