From Kayode Lawal. Abuja.
The Federal High Court in Abuja, on Friday, reserved judgement in a suit seeking to stop the release of federal monthly allocations to Rivers State government.
Justice Joyce Abdulmalik, who said that the date for her judgment would be communicated to parties, took the decision 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.
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.
The state assembly was factionalized last year after 27 of them led by Amaewhule allegedly defected from the People’s Democratic Party (PDP) under whose platform they came into office.
Based on their alleged defection to the All Progressives Congress (APC), the state government claimed that Amaewhule and his co- defectors were no longer members of the state legislators and as such were not entitled to receive the 2024 appropriation which was signed by the governor after been passed by the Ehie faction.
Miffed by this decision as well as the refusal to comply with the judgment of Justice Omotosho, which was recently affirmed by the Court of Appeal in Abuja, the Amaewhule-led faction said to be loyal to the Minister of the Federal Capital Territory (FCT) Mr Nyesom Wike, approached the high court to stop further release of the federal allocations to the state until the judgment of the court was complied with.
In defending the suit, the Central Bank of Nigeria (CBN) which is the first defendant, urged the court to dismiss it 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 seeking, denying allegations of bias.
It will be reecalled that the Accountant General of Rivers state filed a motion on notice where he accused Justice Joyce Abdulmalik of utter bias against it and and all other defendants in the suit.
Represented by Tuturu Edem SAN, the Accountant General faulted the ways and manners 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 announced that judgment has been reserved to a date that would be communicated to parties.
