Court gavel
Federal High Court in Abuja has dismissed a lawsuit seeking the refund of public funds allegedly spent by retired Vice Admiral Ibok-Ete Ibas, the sole administrator of Rivers State, ruling that it lacks the jurisdiction to hear the matter.
Delivering judgment on Thursday, Justice James Omotosho held that the subject of the case — stemming from a presidential declaration of a state of emergency — falls squarely within the exclusive jurisdiction of the Supreme Court.
> “Only the Supreme Court can determine the legality of a presidential proclamation of a state of emergency,” the judge ruled.
“This court, by law, lacks the jurisdiction to entertain the claims brought before it.”
The suit, filed by the Incorporated Trustees of Rivsbridge Peace Initiative, had asked the court to compel the Federal Government and other parties — including the President, the Central Bank of Nigeria (CBN), the Attorney-General of the Federation, and Vice Admiral Ibas — to refund all Rivers State funds expended since the emergency rule took effect in March 2025.
*Judge criticises plaintiff’s legal approach*
Justice Omotosho did not hold back in criticising the claimant’s legal team for bringing the case before the wrong court.
> “Counsel to the claimant ought to have done proper research before initiating this suit,” he said.
“Filing matters that are void from the outset wastes valuable judicial time and undermines the justice system.”
He added that the judiciary was already burdened with numerous commercial, civil, and criminal matters, warning against frivolous filings.
> “A void process cannot activate the jurisdiction of this court,” he added. “This action is dead on arrival.”
*No Transfer, No Merit*
The plaintiff’s request to have the case transferred to the Port Harcourt division was also denied. Justice Omotosho explained that federal high courts are only permitted to transfer cases to other divisions with valid subject matter jurisdiction.
> “Transferring the case to a division that also lacks jurisdiction is an exercise in futility,” he said.
“The proper course is to strike out the case in its entirety.”
*Second suit on LGA appointments also dismissed*
In a related ruling, the court also struck out another suit — FHC/PH/CS/46/2025 — which challenged Ibas’s authority to appoint sole administrators for all 23 local government areas in Rivers State.
Again, the judge sided with Ibas’ legal counsel, Kehinde Ogunwumiju (SAN), who argued that the plaintiffs lacked locus standi (the legal right) to institute the case.
> “The applicants are merely concerned citizens, not suspended officials or directly affected parties,” the judge said.
“Without the consent of the sole administrator being obtained and attached, this suit has no legs to stand on.”
*Third suit challenging suspension of Gov. Fubara also fails
Justice Omotosho had earlier dismissed another suit that questioned the suspension of Governor Siminalayi Fubara, also stemming from the emergency declaration in Rivers.
The suit — FHC/PH/CS/51/2025, filed by a group of individuals claiming to represent Rivers residents — had sought to invalidate the president’s actions, including the appointment of a sole administrator and the removal of elected officials.
Once again, the court held that such matters fall outside the purview of the Federal High Court.
*Background: Who Was Sued?*
In the lead case (FHC/PH/CS/43/2025), the following were listed as defendants:
President Bola Ahmed Tinubu
The Federal Republic of Nigeria
The Attorney-General of the Federation
The Accountant-General of the Federation
The Central Bank of Nigeria (CBN)
Vice Admiral Ibok-Ete Ibas
The plaintiffs had argued that funds from Rivers’ Consolidated Revenue Fund were expended illegally, violating sections 120, 121, and 287(1) of the Constitution, and defying Supreme Court orders related to the Rivers political crisis.
But the court rejected all claims and dismissed the suits as lacking merit and legal standing.
> “This court cannot usurp powers granted to the Supreme Court,” Justice Omotosho concluded.
“The suits are hereby dismissed in their entirety.”
NAN
