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December 24, 2024
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Judge refuses to withdraw from suit against CBN, others over allocations to Rivers LGAs

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.

The Rivers State House of Assembly and its factional Speaker, Martin Amaewhule, had instituted the suit asking for withholding of funds 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 bias against the state government and and all other defendants in the suit.

Represented by Tuturu Edem, SAN, the Accountant General faulted the manner 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 judge said 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.

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