A Federal High Court, Abuja has refused to shut down all expenditures of Governor Siminalayi Fubara of Rivers State pending the hearing and determination of the substantive suit filed by the Martin Amaewhule-led Rivers State House of Assembly.
Justice Emeka Nwite gave the ruling in the motion ex-parte marked: FHC/ABJ/CS/984/24, moved by Sebastien Hon (SAN).
Rather, he ordered the plaintiffs to put all the defendants in the suit on notice.
Justice Nwite, however, granted another motion ex-parte by the plaintiffs to serve the 5th to 10th defendants with the originating process and other applications in the matter by substituted means.
The judge said: “The leave is hereby granted to the plaintiffs/applicants to serve the 5th to 10th defendants/respondents with the plaintiffs/applicants’ originating and any other process(es) filed or issued in this suit by substituted means to wit:
“By publishing same in the Nation Newspapers.”
Justice Nwite adjourned the matter until August 7 for hearing of the motion on notice.
The News Agency of Nigeria reports that the 5th to 10th defendants are Fubara; Accountant-General of Rivers; Rivers State Independent Electoral Commission; Chief Judge of Rivers State, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.); and Government of Rivers State.
The Rivers State House of Assembly and Rt. Hon. Martin Amaewhule (1st and 2nd plaintiffs) had, through their lead counsel, Joseph Daudu (SAN), originated the suit dated July 14, but filed July 15.
They had sued the Central Bank of Nigeria, Zenith Bank Plc, Access Bank Plc and Accountant-General of the Federation as 1st to 4th defendants respectively.
Also joined in the suit are Fubara, Rivers A-G, RSIEC, Rivers CJ, Chairman of RSIEC and Rivers government as 5th to 10 defendants.
In the motion on notice brought pursuant to Order 28 Rules 1 and 2; Order 27 Rules 5; Order 28 Rule 1(2) of FHC Civil Procedure Rules 2009; and under the inherent jurisdiction of the court, the plaintiffs sought two orders.
NAN reports that the two rulings, which were delivered on July 17 in the judge’s chamber, were obtained on Sunday in Abuja by NAN.
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The Amaewhule-led Assembly had on July 15 suspended all expenditures of Governor Fubara until he re-presents his budget before the house.
The lawmakers gave the governor a seven-day ultimatum to re-present his budget, which they said had expired.
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