Federal High Court Asaba To Rule On Preliminary Objections By The DSTG And The DTHA On The 150 Billion Loan

By Onoriode Etatsemi.

The Federal High Court sitting at Asaba has adjourned ruling on the preliminary Objections in the Suit No. FHC /ASB/CS/66/2022. filed by Prince Efe Henry Duku, challenging the 150 billion loan facility obtained by the Delta State Government.

This followed arguments on the preliminary objection raised by both the Attorney-General and Commissioner for Justice Delta State, Isaiah Bozimo Esq, on behalf of the Delta State government and by Ekeme Ohwovoriole SAN,on behalf of the Delta house of assembly who are sued as Defendants in the Suit.

When the case came up for hearing, on the 1st of June 2022, the Honourable Attorney-General who led Omamuzo Erebe Esq, Solicitor general and Permanent, S.O Monye, Esq, Director of Civil Litigations, J .A Otite, Esq, Deputy Director and O Okolotu Esq, Senior State Counsel, submitted to the Court that the plaintiff lacks the requisite locus standi to Institute the action and that the case discloses no reasonable cause of Action.

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He stated further that the plaintiff case amounted basically to fishing exercise and that the plaintiff could not substantiate the allegations that the Delta State government acted illegally in obtaining the loan.

Similarly, counsel to the Delta State House of Assembly Ekeme Ohwovoriole SAN, also challenged the locus standi of the plaintiff to Institute the action. Both counsel urged the court to dismiss the Suit filed by the plaintiff.

Responding to the applications of the Delta State Attorney-General and the House of Assembly counsel, to the plaintiff, Michael Ukusare Esq, submitted that the plaintiff has the requisite locus standi to Institute the action as the Fiscal responsibility Act entities him to bring the action.

Ukusare also submitted that the Defendants who filed the preliminary Objections did not obtain the leave of the court to bring the application contrary to the rules of courts.

He urged the court to dismiss the preliminary objection filed by the Delta State Government and the Delta House of Assembly.

The Presiding Learned trail Judge, Honourable Justice Folashade Olubanjo, adjourned the matter to Friday 17th June 2022 for ruling or hearing of the interlocutory injunction filed by the Plaintiff.