Federal High Court Dismisses Suit Seeking Refund of Rivers’ Funds Spent by Ibas

The Federal High Court in Abuja has dismissed a suit seeking the refund of Rivers State funds allegedly released, appropriated, and spent by retired Vice Admiral Ibok-Ete Ibas, appointed as sole administrator following the declaration of emergency rule in the state.

Justice James Omotosho, delivering ruling on Thursday, held that the Federal High Court lacked jurisdiction to determine the matter since it arose from a presidential proclamation of a state of emergency. He explained that only the Supreme Court has original jurisdiction to decide on the validity of such proclamations.

The judge upheld the preliminary objections of the defendants’ lawyers, including Senior Advocate of Nigeria (SAN) Kehinde Ogunwumiju, who represented Ibas.

“I must not fail to say here that counsel to the claimant ought to make proper research regarding his case before filing same,” Justice Omotosho said. He criticized the filing of void suits, saying they wasted the court’s limited time.

The judge further declined the plaintiff’s request to transfer the case to the Port Harcourt judicial division, noting that the law only allows such transfers between federal and state high courts, not to the Supreme Court.

“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,” he ruled.

The Incorporated Trustees of Rivsbridge Peace Initiative had filed the suit (FHC/PH/CS/43/2025), listing President Bola Tinubu, the Federal Republic of Nigeria, the Attorney-General of the Federation, the Accountant-General of the Federation, the Central Bank of Nigeria, and Ibas as defendants. They demanded the refund of funds allegedly disbursed from the Consolidated Revenue Fund of Rivers State after the March 18 emergency declaration.

In a separate case (FHC/PH/CS/46/2025), the court also dismissed a suit challenging Ibas’ authority to appoint sole administrators for Rivers’ 23 local government areas. Justice Omotosho ruled that the plaintiffs lacked the locus standi to file the case, noting they were neither suspended chairmen nor had the legal right to represent the public in the matter.

“The lack of locus standi on the part of the applicants will lead to a dismissal of this action,” he said, emphasizing again that the Federal High Court had no jurisdiction.

Earlier, the same court had also struck out another suit (FHC/PH/CS/51/2025) that sought to void President Tinubu’s suspension of Governor Siminalayi Fubara and other elected officials of Rivers State.

Justice Omotosho concluded that all the suits were void and beyond the jurisdiction of the Federal High Court, reaffirming that only the Supreme Court could decide on issues relating to emergency proclamations by the president.