PRESS RELEASE
REACTION TO THE FALSE INFORMATION PEDDLED IN SEVERAL PRINT AND ELECTRONIC MEDIA WITH THE CAPTION: “RIVERS CRISIS: COURT STRIKES OUT SUIT CHALLENGING TINUBU’S INTERVENTION”
Our attention has been drawn to a publication currently circulating in several print and electronic media with the above caption. We wish to make it categorically clear that the content of the said publication does not represent the true state of affairs.
To put the record straight, the action currently pending at the Federal High Court, sitting in Abuja is between Hon. Victor Okon Jumbo & 5 Ors. vs. The President of the Federal Republic of Nigeria & 5 Ors., with Suit No.: FHC/ABJ/CS/1718/2023 (the “Suit”) and not at the Rivers State High Court, sitting at Port-Harcourt as falsely peddled.
The aforesaid suit first came up on Monday, the 22nd of January 2024 before Court 7 presided by Hon. Justice J. O. Abdulmalik (the “Court”). On the said date, the Plaintiffs’ Counsel moved two (2) respective Exparte applications: for substituted service on the Defendants and for interim injunctions against the Defendants. After hearing the Plaintiffs’ applications and considering same, her Lordship made an Order for the substituted service of the originating court documents on the Defendants. Also, the Court ordered all the parties in the suit to maintain status quo ante bellum, pending the hearing and determination of the Motion on Notice in the suit. The matter was then adjourned to the 28th of February, 2024.
Contrary to the false news as publicized in the said Punch Newspaper, there was absolutely no time that the Court ever struck out the aforesaid Suit which is pending before the Court and same will come up for hearing on the 28th February, 2024.
Relatedly, the Court did not at any point of her rulings on the said Plaintiffs’ applications decline jurisdiction to hear the Plaintiffs’ applications or the substantive suit and never cited any judgment or ruling of Hon. Justice James Omotosho of the Federal High Court, sitting in Abuja as mendaciously stated in the publication. Furthermore, there is no Plaintiffs’ Lawyer with the name Emmanuel Rukari and none of the Plaintiffs’ Counsel ever spoke to the Press or expressed any disappointment whatsoever with the Court’s decision/rulings.
The legal implication of the Court’s Order as regards the Plaintiffs’ second application is that all the parties in the suit should maintain the status/position in the matter as it was before the subsisting conflict arose between the parties in the suit. Finally, it is submitted that upon the service of the Originating processes, the Defendants have been put on notice of the claims of the Plaintiffs and given the nature of these claims, the Defendants, particularly, the Rivers State House and Assembly and the Executive Governor, have a legal duty and obligation to refrain from taking any steps that might overreach the court in its attempts to do justice in the Suit as held by the Apex Court in Doma v. Ogiri (1998) 3 NWLR Pt. 541 Pg. 246 @ 265 para. D-E where Oguntade JSC observed that:
“Where a suit is brought to enjoin certain activities and the Defendant/Respondent has notice, the hands of the Defendant/Respondent are effectually tied pending a hearing and determination even though no restraining order or preliminary injunction be issue”.
The general public is hereby advised to utterly disregard the mendacious news making the rounds on the captioned matter as the information as stated in this Press Release is the true and reliable state of affairs as regard the suit between Hon. Victor Okon Jumbo & 5 Ors. vs. The President of the Federal Republic of Nigeria & 5 Ors., with Suit No.: FHC/ABJ/CS/1718/2023. Thank you.
Signed:
DR. OLUKAYODE AJULO, SAN, OON, FCIArb.UK,
PRINCIPAL PARTNER, KAYODE AJULO & CO. CASTLE OF LAW,