FCT Court Vacates Order Freezing Abia Govt Accounts

High Court of the Federal Capital Territory (FCT) has vacated the ex-parte order it granted, freezing all accounts of the Abia State government.

Justice Bello Kawu vacated the order after listening to arguments by the state attorney-general and commissioner for justice , Uche Ihediwa (SAN) who led a team of lawyers for the state government.

The state legal team had filed two applications before the court: an application urging the court to vacate the order because it was made pursuant to a defective affidavit. The affidavit in support of the ex-parte application was purportedly sworn to at the Federal High Court Registry and used to file a matter at the FCT High Court.

This particular issue makes the entire process look shady and funny.  In law, that is a fundamental defect and the court agreed that such defect was of such a nature that it affected the entire proceedings. They didn’t also obtain the leave of the court to use the affidavit.

Of course, the life span of an ex-parte order in law is seven days. The court also agreed with the attorney-general that it was in the interest of justice, public order and peace that the order be vacated.

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The court then vacated the order and adjourned to  April 28, 2023 to hear the arguments of the attorney-general of Abia State on his second application which challenged the jurisdiction of the court to entertain the matter in the first place.