The High Court of Federal Capital Territory in Apo, Abuja, has vacated its earlier order freezing the bank accounts of the Abia State government.
Recall that Justice Bello Kawu in an exparte motion no: M/6686/2023 had barred all the banks from dealing with representatives of Governor Okezie Ikpeazu pending the determination of the motion filed by Mr Uche Eni’s lawyer, Johnmary C. Jideobi, against the Accountant-General of Abia State, Uche Ihediwa SAN, the Commissioner for Finance and about 26 banks and financial institutions.
But in a motion of notice filed by Ihediwa, Governor Ikpeazu prayed the court to vacate the order made against the affected banks and financial institutions for want of jurisdiction and for being obtained mala fide (carried out in bad faith or with intent to deceive).
At the proceedings on Thursday, Ihediwa contended that the jurisdiction of the High Court of the Federal Capital Territory, Abuja does not touch another state.
He further claimed that the applicant has not cited any instance of looting by the outgoing government but was making mere speculation to the court.
He urged the court to vacate the order so that civil servants could be paid by the governor as well as for him to run his government efficiently.
But Johnmary argued that his application was made in interest of the public.
Ruling on Thursday, Justice Kawu held that interim orders should last for seven days.
He also aligned with the submission of Ihediwa that civil servants should be paid.
“The Interim order is hereby vacated, ” said Kawu while adjourning the main application to 27 day of April for hearing.
The main suit seeks to permanently freeze the Abia state bank accounts on the ground of alleged diversion of public funds by the outgoing government.
The outgoing Governor of Abia State, Okezie Ikpeazu, has filed a motion on notice asking the High Court of the Federal Capital Territory, Apo, Abuja, to vacate an order freezing the bank accounts of the state government.
Recall that Justice Bello Kawu had in an exparte motion no: M/6686/2023 barred all the banks from dealing with representatives of Governor Okezie Ikpeazu pending the determination of the motion filed by Mr Uche Eni’s lawyer, Johnmary C. Jideobi, against the Accountant-General of Abia State, Uche Ihediwa SAN, the Commissioner for Finance and about 26 banks and financial institutions.
But in a motion of notice filed by Ihediwa, Governor Ikpeazu prayed the court to vacate the order made against the affected banks and financial institutions for want of jurisdiction and for being obtained mala fide (carried out in bad faith or with intent to deceive).
He contended in his process that the jurisdiction of the High Court of the Federal Capital Territory, Abuja covers matters arising from FCT only.
“The subject matter of the suit is domiciled in Abia State where the Government of state is headquartered.
“To assume jurisdiction, the matter for which the jurisdiction of the FCT High Court is activated must arise from and within the Federal Capital Territory, Abuja.
“The accounts, the subject matter of the order belong to the Government of Abia State and not to any individual or official of the state,” the court process partly read.
He continued, saying that allowing and sustaining the order amounts to strangulating and emasculating the Government of Abia State and by extension, the good people Abia State, adding that it has adversely affected governance in the state and has put every Abian in an economic chain and bondage.
“The order, if allowed and not vacated would amount to economic pogrom genocide against the people of Abia State. The order is against public policy, public safety and therefore unconstitutional,” the defendant’s lawyer stated.
In his affidavit in support of the motion, a lawyer in the AG’s chambers, Winifred Adaku Nwokolo, disclosed to the court that the Abia State government will be stopped from running the affairs of the state by reason of the order.
“If the order of 28/3/23 has served justice to the applicant/respondent, the respondents/respondents or even the respondents/applicants , what about the people of Abia state? What will be the fate of civil servants, the pensioners?,” the lawyer asked, urging the court to vacate the orders.
