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June 26, 2022
By Emma Amaize, Regional Editor, South-South
ASABA- A Federal High Court sitting in Asaba, Delta State, weekend, struck out the suit filed by one Prince Efe Henry Duku, challenging the State Government’s N150 billion ‘bridging finance facility’ as approved by the Delta State House of Assembly.
The claimant had sued the Governor of Delta State, Delta State House of Assembly, Attorney-General of Delta State, Zenith Bank PLC, Minister of Finance, Debt Management Bureau and the Attorney-General of the Federation over the loan facility.
Both the Attorney-General of the state, Isaiah Bozimo Esq. and counsel to the Delta State House of Assembly, Ekeme Ohwovoriole, SAN, filed separate preliminary objections challenging the competence of the suit on grounds that the claimant lacked the requisite locus standi to institute the suit and that there was no reasonable cause of action disclosed in the matter.
Learned trial judge, Honourable Justice Folashade Olubanjo, in her ruling upheld the preliminary Objections.
The court held that the claimant in his statement of claim did not disclose any wrongful act done by the state government and any damage suffered by him to warrant the filing of the suit.
It ruled that the claimant lacked locus standi to institute the suit before the court.
The court also held that no reasonable cause of action was disclosed in the claimant’s statement of claim.
The suit was accordingly struck out and cost of N500,000 each was awarded to the governor of Delta State and the Delta State House of Assembly respectively.