The legal battle between the Rivers State House of Assembly and the Central Bank of Nigeria (CBN) along with nine other defendants, the 6th defendant, the Accountant General of Rivers State, has filed a motion challenging the jurisdiction of the Federal High Court in Abuja and alleging bias on the part of Justice J. O. Abdulmalik.
The Accountant General of Rivers State, represented by Tuduru Ede SAN & Co., is seeking an order to transfer the case (Suit No.: FHC/ABJ/CS/984/2024) to the Port Harcourt Judicial Division of the Federal High Court. The defendant argues that the majority of the parties reside in Port Harcourt, and the subject matter of the suit relates to activities in Rivers State.
According to the motion, ten out of the twelve defendants, including the plaintiffs, reside outside Abuja, causing logistical hardships and unnecessary expenses for the parties involved. The Accountant General of Rivers State contends that there are no grounds for the case to be heard in Abuja and that the matter should be reassigned to the Port Harcourt Division, where there are six judges available.
Furthermore, the motion alleges a likelihood of bias against the Accountant General of Rivers State and other defendants by Justice J. O. Abdulmalik. The defendant cites instances where the judge refused to hear applications challenging the court’s jurisdiction and argues that the court’s actions presuppose a preconceived objective against the defendants.
The Accountant General of Rivers State also points to several cases in the Abuja Division of the Federal High Court where adverse orders and judgments were made against the 5th and 10th defendants, to whom the Accountant General reports.
In light of these concerns, the Accountant General of Rivers State is requesting that Justice J. O. Abdulmalik recuse himself from further adjudicating the suit and that the case be transferred to the Port Harcourt Judicial Division in the interest of justice.