FROM MIJINYAWA BABA-UTHMAN MINNA
Justice Mohammed Aminu Dan Ige of the Federal High Court number two sitting in Minna the Niger State capital has adjougned hearing in to the suit filed by the Niger State Internal Revenue Service (NIRS) against the Federal Ministry of Power to 22 May, 2024.
Justice Aminu Dan Ige who gave the adjougnment on Monday hearing of the matter, held that the adjougnment was to enable the both counsels to Prepare the necessary applications into the case.
The Niger State Internal Revenue Service (NIRS) through its legal teams led by Mohammed Kudu Ndayako SAN, Aliyu Ibrahim Lemu SAN approached the court requesting the court to compel the defendants in the case to pay the sums of over N9 billion being the grant rents indebted to the state Internal Revenue Service.
Joined in the suit No FHC/MN/CS02/ 2024, are Federal Ministry of Power, Nigeria Electricity Liability Management Company, Shiroro Hydro Electric Plc and North South Power Company as deffendants applicants in the matter.
However, the matter was slated for the commencement of hearing Monday, the 22, April, 2024, but, the defence counsel to the first and second deffendants Barrister Abdulmalik Usman Dauda was to filed a motion on notice challenging the jurisdiction of the court, which was not objected to by the other counsels.
The cousel to the state Internal Revenue Service Aliyu Ibrahim Lemu SAN filed his counter motion which was served to the counsel to the first and second deffendants at the resumed hearing which he requested for time to reply on point of law.
At this point Justice Mohammed Aminu Dan Ige adjougned the case to the 22 of May 2024 for the commencement of full hearing in to the matter which the both lawyers Collectively agreed.
Speaking in an interview with Journalists shortly after the court sitting, Aliyu Ibrahim Lemu SAN stated that the court has to commence full hearing on the next adjougned date no matter the delay tactics by the legal teams of the defendants applicants.
" We are in court to request the court to compel the defendants to pay the grant rents indebted to Niger State goverment over the years.
" All the delay been apply by their legal teams is an attempt to run away from paying the grant rents and the state government needed the money for his developmental projects.
" They don't have any case before this court all they are doing is just to buy time to delay justice and by the next adjougned date hearing into the case will commence" he told Journalists.
On his part, Barrister Abdulmalik Usman Dauda, stated that they were in court to challenge the Jurisdiction of the Federal High Court with the motion on notice filed at the court.
He stated that the Federal High Court is a court of Enumerated jurisdiction as circumscribed within section 251 of the 1999 Constitution of Federal Republic of Nigeria as amended.
According to him, anything that is not enumerated therein is outside the jurisdiction powers of the Federal High Court adding that " as it is not enumerated in section 251 of the 1999 Constitution nor law made by the National Assembly.
"The mere presence of a Federal Agency in a suit does not automatically donates Jurisdiction to the Federal High Court as the subject matter must equally be within its Jurisdiction.Rent and its recovery are simple contracts outside the Jurisdiction of the Federal High Court" he asserted
