From TONY JOHN, Port Harcourt

A Federal High Court in Port Harcourt, yesterday, upheld its earlier decision ordering the Federal Government to pay the people of Odi community in Bayelsa State the sum of N37.6 billion as general damages over its invasion by soldiers during  former President Olusegun Obasanjo’s administration.

Ruling on an application brought by the Central Bank of Nigeria (CBN) seeking to set aside the order, the Judge, Justice Lambo Akanbi, held that the court had become Funttus Officio on the issue and could not reverse the order which it earlier made.

On the issue of fair hearing raised by counsel to the apex bank, the judge said that the CBN was represented and adequately participated when the Garnishee application was taken and, therefore, could not be said to have been denied fair hearing.

Speaking to journalists shortly after the ruling, counsel to Odi community, Mr. Ifedayo Adedipe (SAN), said with the ruling, CBN had no option, but to pay the sum.

Adedipe said he would commence criminal proceedings against the CBN if it refused to obey the order of court.

 

 

 

In a related development, Justice Hyeladzira Ajiya Nganiwa of the Federal High Court in Port Harcourt, has fixed November 11, 2013, to rule whether a motion brought by Concerned Lawyers in Obio/Akpor seeking to withdraw their earlier suit, should be granted or not.

The judge adjourned the matter after counsel to the concerned lawyers, Mr. Chima Okene, moved the motion seeking withdrawal of the suit.

Mr. Okene, in his submission, said the motion seeking to discontinue the suit was brought pursuant to Order 50 Rule 3 of the Federal High Court Civil Procedure Rules, supported by a six-paragraph affidavit and a written address.

He adopted all the prayers and urged the court to grant them.

Replying on points of law, counsel to Governor Chibuike Amaechi, Mr Beluolisa Nwofor, (SAN), posited that the judge had no right to take any decision until he assumed jurisdiction.

He maintained that taking any decision without assuming jurisdiction would set a bad precedence for the courts.

-Sun

Posted by admin on Oct 23 2013. Filed under Bayelsa, Headlines, State News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry