Rivers LGS fund allocation: Judge refuses to recuse self from suit against CBN, 9 others

… we wants NJC to intervene to avert looming danger- Hon Ugochinyere

By Vivian Okejeme Abuja

Justice Joyce Abdulmalik of the Federal High Court in Abuja on Friday refused to recuse herself from hearing a suit seeking to stop fund allocation to local governments in Rivers state.

The Judge who had earlier delivered four rulings against some of the defendants in the suit denied being biased against any of the parties in the suit.

The Rivers state House of Assembly and it’s factional Speaker, Martin Amaewhule had instituted the suit asking for withholding of fund meant for local governments in the state.

The suit was filed on their behalf by Joseph Daudu SAN.

However, the Accountant General of Rivers state filed a motion on notice where he accused Justice Joyce Abdulmalik of utter bias against it and and all other defendants in the suit.

Represented by Tuturu Edem SAN, the Accountant General faulted the ways and manners the Judge had been conducting the proceedings describing it as strange and unbelievable.

The position of the Accountant General was adopted by the CBN and all other defendants.

However, in her ruling, the said that she would not recuse herself adding that she was not biased as alleged.

The Judge also refused to decline jurisdiction and a request to allow the Federal High Court in Port Harcourt take over the proceedings.

Justice Joyce Abdulmalik held that the territorial jurisdiction of the federal high court was one across the country.

The Judge also held that the Chief Judge of the federal high court has the discretion to assign any case to a Judge of his choice.

She thereafter ordered that hearing in the substantive matter and the preliminary objections should continue.

Speaking shortly after the court processing,Spokesman of the coalition of opposition lawmakers Hon. Ikenga Ugochinyere said the plot by the sacked pro Wike lawmakers to use the Federal High court to stop Federal allocation to Rivers State despite pending cases before appeal and Supreme courts may Lead to constitutional anarchy and possible breach of public peace in the state.

In the statement he said, it was even curious that Justice Joyce Abdulmalik to have refused to step down from handling the pro Wike matter despite allegation of bias.