The High Court of the Federal Capital Territory this afternoon vacated the exparte order it granted that frooze all accounts of the Abia State Government.
Justice Bello Kawu made the order vacating the initial order after listening to arguments by the learned Attorney General and Commissioner for Justice, Abia State, Uche Ihediwa, SAN who led a team of lawyers for the Abia State Government.
The Abia legal team had filed 2 applications before the Court.
First was an application urging the Court to vacate the order because it 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.
According to the Chief Press Secretary to the the Governor Emenaka the life span of an ex parte order in law is 7 days.
The Court also agreed with the Learned Attorney General that it was in the interest of Justice, Public Order and Peace that the order be vacated.
The Court then vacated the order and adjourned to 28th April, 2023 to hear the arguments of the Attorney General of Abia State on his second application which is challenging the jurisdiction of the Court to even entertain the matter in the first place.