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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.
Former Anambra State governor and presidential candidate of the New Democratic Congress (NDC), Peter Obi, has reflected on his past relationship with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, saying the former Rivers State governor appeared happier and healthier when they worked together.
Obi made the remarks while speaking about his relationship with Wike and the political developments ahead of the 2027 presidential election.
According to Obi, Wike seemed to enjoy himself more during the period they worked together.
“Wike was looking healthier when we were working together. When Wike and I were together, he was a much happier person and was enjoying himself,” Obi said.
The former governor also recounted an alleged remark attributed to Wike, claiming that someone had told him that the FCT minister once said he would become the “first president” if Obi eventually emerged as president.
“Someone even told me that Wike said if I became president, he would be the first president,” Obi added.
Obi, who was the Labour Party’s presidential candidate in the 2023 election, also sought to explain his motivation for pursuing the presidency, saying his ambition was not driven by a desire to persecute political opponents.
“I’m not campaigning to be president to start pursuing people,” he said.
His comments come amid renewed political realignments and manoeuvring ahead of the 2027 general elections, with Obi and Wike now occupying different political positions from the period when they worked together.
The African Democratic Congress (ADC) has accused President Bola Ahmed Tinubu of pushing Nigerians dangerously close to the limits of human endurance as he has turned petrol price dynamics into a punitive measure.
In a statement in Abuja, on Tuesday, Mallam Bolaji Abdullahi, National Publicity Secretary of the party said with petrol now selling for as much as N1,470 per litre, every journey had become more expensive, while food and even basic education are being priced out the hands of citizens.
“President Tinubu has turned the petrol pump into an instrument of punishment for everyday Nigerians. Food, transportation, electricity, education, and everything Nigerians need to survive responds directly to the price of fuel and combine together to make life difficult for the majority of Nigerians,” he said.
Abdullahi said the widespread reports of private schools increasing fees by between 30 and 40 per cent is another evidence of how life has become progressively worse under the APC government.
“Parents are not earning 40 per cent more. Their salaries have not risen with the prices of fuel, food, rent, transportation, and school fees. Yet, at every turn, this government demands that already exhausted families pay more.
He said, “At N1,470 per litre, petrol is no longer simply a commodity. It is Tinubu Tax, which has made life unbearable for the majority. Under Tinubu and the APC, Nigerians have been tightening their belts. Now, there are no more holes left, and people have started to choke.
“Families are now skipping meals, withdrawing children from school, abandoning medical treatment and shutting down businesses,” it says, adding that the government could not continue demanding sacrifice from ordinary Nigerians while public officials funded extravagant lifestyles from the same public purse.
“A reform that continuously makes the people poorer is not working. An economic policy that produces impressive figures at government briefings but hunger in Nigerian homes is a failure. When parents must choose between feeding their children and educating them, the government has failed spectacularly in its most basic responsibility.”
The ADC spokesman said the 2027 election would present Nigerians with a clear choice between “carrying on with enduring President Tinubu’s punishment and embracing the relief programme proposed by the ADC presidential candidate, Alhaji Atiku Abubakar.”
He restated the promise of Atiku Abubakar, ADC Presidential Candidate’s commitment to reduce the price of petrol by bringing back subsidy to support domestic production of fuel, which would, in turn, ease the cost of food, transportation and production.
“Unlike Tinubu and APC, we recognise that economic reform must serve the people, not sacrifice them. Nigeria cannot be an oil-producing country whose citizens experience every visit to a filling station as punishment.”
“Their resilience must not become an excuse for continued cruelty. Tinubu has had enough time and inflicted enough pain.
The people are suffering, businesses are dying, and hope is becoming increasingly expensive. President Tinubu must act now. Don’t push Nigerians to their limits.”
The Peoples Democratic Party (PDP) faction aligned with Federal Capital Territory (FCT) Minister Nyesom Wike has warned governors elected on the platform of the All Progressives Congress (APC) against underestimating his political influence ahead of the 2027 general elections.
The faction alleged that opposition to Wike’s political activities was driven partly by concerns among some governors over their electoral prospects, accusing them of poor performance and warning that attempts to undermine the minister could have political consequences.
The statement, issued on Tuesday by the faction’s National Publicity Secretary, Jungudo Haruna Mohammed, came amid an escalating disagreement between Wike and the APC Governors’ Forum over the minister’s proposed “Rainbow Coalition” and his role in mobilising support for President Bola Tinubu’s 2027 re-election bid. �
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The controversy intensified after Wike publicly accused Imo State Governor and Chairman of the Progressive Governors Forum, Hope Uzodimma, and Kwara State Governor AbdulRahman AbdulRazaq of working against him.
During a media chat in Port Harcourt earlier this month, Wike accused AbdulRazaq of leading what he described as a campaign against him, including allegations that he was sponsoring politicians against the governor’s preferred candidates in Kwara State.
Wike said he had provided a political platform for aggrieved APC politicians and argued that such politicians could otherwise align with opposition forces hostile to Tinubu ahead of the 2027 election. He also recalled the political support he claimed to have extended to Uzodimma. �
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The latest development follows a fresh confrontation between Wike and the APC Governors’ Forum.
The governors, led by Uzodimma, recently declared that they would not participate in or endorse any political alliance capable of weakening the APC, undermining Tinubu’s re-election bid or adversely affecting the party’s candidates at the state and federal levels. �
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Wike, however, has maintained that his Rainbow Coalition is primarily aimed at mobilising support for Tinubu and does not amount to an agreement with the APC. He has also insisted that his support for Tinubu does not prevent the PDP from fielding candidates in governorship, National Assembly and State Assembly elections in 2027. �
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Reacting to the governors’ position, the Wike-backed PDP faction said APC governors should focus on governance rather than attempting to dictate Wike’s political activities.
“The APC governors should also know that Wike is not their problem; their poor governance and fear of electoral defeat are the real problems,” the faction said.
It further argued that Wike’s record as Rivers State governor and his current role as FCT minister had demonstrated what it described as his capacity for project delivery, political organisation and electoral mobilisation.
The faction also questioned the priorities of the APC governors ahead of 2027, asking whether they were primarily concerned with securing President Tinubu’s re-election or protecting their individual political interests.
“A governor who truly wants the President to win should welcome every credible political force capable of contributing to that victory,” it said.
The PDP faction consequently urged the APC Governors’ Forum to concentrate on governance, accountability and performance rather than attempting to determine whom Wike should support.
The clash adds another layer to the widening political realignment ahead of the 2027 elections, with Wike backing Tinubu’s presidential bid while remaining a PDP member, and APC governors insisting on maintaining the party’s structure and candidates across the ballot. �
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