Fed High Court  To Rule On Preliminary Objections On N150 Loan

From Barry Agbanigbi

The Federal High Court sitting in Asaba, Delta State has adjourned ruling on the preliminary Objections  in the suit no. FHC /ASB/CS/66/2022, filed by Prince Efe Henry Duku, challenging the N150 billion loan facility obtained by the Delta State of Government.

This followed arguments on the Preliminary Objections raised by both the Attorney-General and Commissioner for Justice of the State, Mr. Isaiah Bozimo who stood for the Delta State Government and Ekeme Ohwovoriole, SAN on behalf of the Delta State House of Assembly who are Defendants in the suit.

When the case came up for hearing yesterday, Bozimo who led Other Counsels, told the Court that the Plaintiff lacks the requisite locus standi to institute the action because there was no reasonable cause of action.

He stated that the Plaintiff’s case amounted basically to a fishing exercise since the Plaintiff could not substantiate the allegations that the State Government acted illegally in obtaining the Loan.

Counsel to the Delta State House of Assembly, Ekeme Ohwovoriole SAN, also toed the line by  challenging 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, counsel to the Plaintiff, Michael Ukusare,  submitted that the Plaintiff has the requisite locus standi to institute the action as the Fiscal Responsibility Act entitles him to bring the action.

Ukusare, 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 Court.

He urged the Court to dismiss the Preliminary Objections filed by the Delta State Government and the Delta State House of Assembly.

The Presiding Judge, Justice Folashade Olubanjo, fixed the case on June 17, 2022 for ruling and or hearing of the Interlocutory objection filed by the Plaintiff.