The Federal High Court sitting in Asaba has adjourned ruling on the preliminary objection in the Suit filed by Prince Efe Henry Duku challenging the 150 billion loan facility obtained by the Delta State government.
This followed arguments on the preliminary objection raised by both the Attorney-General and Commissioner for Justice Delta State, Isaiah Bozimo, on behalf of the Delta State Government and by Ekeme Ohwovoriole SAN,on behalf of the Delta House of Assembly, as Defendants in the Suit.
When the case came up for hearing, on the 1st of June 2022, Attorney-General who led Omamuzo Erebe, Solicitor General and Permanent, S.O Monye,, Director of Civil Litigations, J .A Otite, Deputy Director and O Okolotu, Senior State Counsel, submitted to the Court that the plaintiff lacks the requisite locus standi to institute the action and that the case discloses no reasonable cause of Action.
He stated further that the plaintiff case amounted basically to fishing exercise and that the plaintiff could not substantiate the allegations that the Delta State Government acted illegally in obtaining the loan.
Similarly, counsel to the Delta State House of Assembly Ekeme Ohwovoriole, SAN, also challenged the locus standi of the plaintiff to Institute the action. Both counsel urged the court to dismiss the Suit filed by the plaintiff.
Responding to the applications of the Delta State Attorney-General and the House of Assembly counsel, to the plaintiff, Michael Ukusare, submitted that the plaintiff has the requisite locus standi to Institute the action as the Fiscal responsibility Act entities him to bring the action.
Ukusare also submitted that the Defendants who filed the preliminary Objections did not obtain the leave of the court to bring the application contrary to the rules of courts.
He urged the court to dismiss the preliminary objections filed by the Delta State Government and the Delta House of Assembly.
The Presiding Judge, Justice Folashade Olubanjo, adjourned the matter to Friday 17th June 2022 for ruling of the interlocutory application.