Just Ekwo rather granted accelerated hearing in the substantive suits filed by the 36 states government challenging the decision of the federal government to pay alleged debt to six contractors it claimed were engaged by the 36 states government to help them recover excessive deductions from their accounts in payment of the Paris Club loans.
Justice Ekwo had last week adjourned to December 13, to hear the interlocutory application of the 36 states government, praying for a temporary order restraining the federal government from going ahead with its planned payment to the Paris Club consultants.
However, after hearing the Motion on Notice for Interlocutory Injunctions, Justice Ekwo held that he cannot proceed to determine the Motion on Notice following objections by some defendants challenging the court’s jurisdiction to entertain the motion.
In a short ruling, Justice Ekwo, held that since jurisdiction was a paramount issue in litigation, it was best to resolve it before proceeding further in the matter.
According to him it would amount to wasted efforts by a court to proceed on a matter to only find out that he lacked jurisdiction.
“The application for interlocutory injunction is not granted”, the judge held. He subsequently adjourned till December 21, to hear the preliminary objection raised by the defendants as well as the main suit.
The governors of the 36 states had rushed to court following President Muhammadu Buhari’s approval of the payment of the controversial $418million to six creditors as judgment debts in their favour.
The beneficiaries include: Ned Nwoko – $142,028,941; Ted Iseghoghi Edwards -$159 million; Riok Nigeria Limited, Orji Nwafor Orizu, and Olaitan Bello – $142,028,941.95 and Panic Alert System Limited and George Uboh – $47,831,920.
Based on Buhari’s approval, the Federal Ministry of Finance was also said to have directed the Debt Management Office (DMO) to commence issuance of promissory notes to the creditors.
The governors accused the president of approving the payment without considering their call for a forensic audit into the claims of the creditors.
But the defendants faulted the suit on the grounds that a Federal High Court had earlier issued order that federal government should deduct the money.
They argued that based on the earlier judgment of court, the former Chairman of Nigerian governors forum Abdulazeez Yari issued a promissory note on behalf of the governor’s to the effect that the $418 million be deducted from their money from the federation account.
The defendants who were represented by various lawyers also challenged the jurisdiction of the court in the instant case, adding that since the earlier judgment was delivered by the same court, more than four years ago, the governors did not deem it fit to file appeal against the judgment.
They, therefore, prayed Justice Ekwo not to sit as an Appeal Court in a matter that had earlier been decided by his court.