Confusion Erupts in Abuja Court as Two Lawyers Appear for Rivers Assembly for Expenditure Suit Shutdown
By Taiye Agbaje
On Wednesday, a Federal High Court in Abuja witnessed unexpected confusion when two lawyers appeared for the Rivers House of Assembly in a case seeking to halt all state government expenditures.
According to the News Agency of Nigeria (NAN), the Rivers House of Assembly, under the leadership of Martin Amaewhule, had filed a lawsuit with Justice Emeka Nwite, aiming to prevent Governor Siminalayi Fubara from accessing state funds until he reintroduces the 2024 appropriation law to the assembly.
The initial summons, dated July 14 and filed on July 15 by lead counsel Joseph Daudu, SAN, listed the Rivers State House of Assembly and Martin Amaewhule as plaintiffs. They named the Central Bank of Nigeria (CBN), Zenith Bank Plc, Access Bank Plc, the Accountant-General of the Federation, Governor Fubara, and the Accountant-General of Rivers among the defendants. Additional defendants included the Rivers Independent Electoral Commission (RSIEC), the Chief Judge of Rivers, the RSIEC Chairman, and the Rivers State Government.
The plaintiffs sought an interlocutory injunction to prevent the CBN, Zenith Bank, Access Bank, and the Accountant-General from honoring any financial requests from Governor Fubara.
On July 17, Justice Nwite denied the plaintiffs’ ex-parte motion for a temporary expenditure suspension and instructed them to notify all defendants, scheduling a hearing for August 7.
When the case was called on Wednesday, confusion arose as two lawyers, Hon and Sammie Soniari, SAN, both announced their representation for the Rivers House of Assembly. Soniari, having filed a notice of change of counsel on August 5, sought to represent the assembly and apply for the inclusion of Honourable Victor Oko Jumbo as a co-plaintiff.
Soniari argued that Amaewhule had initiated the suit without proper authorization and that Jumbo, the current Speaker, should replace Amaewhule. Soniari claimed that Amaewhule’s legislative seat was declared vacant after he defected to the APC, invalidating his capacity to represent the assembly.
Additionally, Collins Dike announced his representation for the Obio/Akor Local Government Council, seeking to be joined as the 11th defendant.
Hon objected to Soniari’s motion, urging the court to require a formal written application for any opposing views. Soniari contended that Hon’s argument should be taken orally based on Supreme Court precedents.
Other lawyers, including Dagogo Iboroma, SAN, for Governor Fubara, and S.T. Ologunorisa, SAN, for the CBN, supported the notion that issues regarding the plaintiffs and their counsel should be resolved before addressing other motions. They emphasized the need to clarify the parties involved before proceeding.
Isaac Ita, representing the Rivers State Government, argued that the court, sitting in vacation, lacked jurisdiction to hear the matter, citing procedural rules.
Justice Nwite confirmed that he was directed by the Chief Judge, Justice John Tsoho, to handle the case during vacation and offered to show the directive if needed.
After a brief recess for Hon to consult with his team, an adjournment was requested to address all motions and expedite the process. Justice Nwite adjourned the case until August 30, instructing all parties to file and respond to
motions within seven days.
