It also directed the opening of an escrow account with a reputable financial institution within the jurisdiction of the court, where proceeds, funds, all revenues, profits and earnings from the firm’s 18.5 per cent interest in the Agbami Oil Field operated by Chevron Texaco and located in concession acreages OML 127 and OML 128, should be deposited in the name or at the instance of the Chief Registrar of the court pending the hearing and determination of the motion.

In her ruling, Justice Binta Murtala-Nyako held that though the plaintiff had the locus standi to file the case, she identified some defects in the matter.

The judge further held that the development formed the basis of her decision to refuse the application.

Gbajabiamila had filed the legal action and named Sanusi and the CBN as co-defendants to the suit.

On the defendants’ argument that the plaintiff lacked the right to sue having failed to show that he suffered any special injury different from other members of the public, the judge held that the lawmaker could sue in view of his status.

The two others sought to be jailed are the Acting Director of Civil Litigation, Mrs Agartha Mbamali and one Ndukwe Odiba, a lawyer in the chambers of the Attorney-General of the Federation.

The lawyers led by Chief Nkereuwem Udofia Akpan said the trio of Aondoakaa, Mbamali and Odiba ought to be arrested and prosecuted for contempt on one hand for misleading the court and for treason on the other hand.

Both Mbamali and Odiba were alleged to have deposed to separate affidavits to the effect that there was no vacuum in the country at the time Jonathan Goodluck was refused to assume full presidential powers in acting capacity.

Standing trial alongside Obieri in the 12-counts charge, are Hyacinth Enuha, Christopher Adebayo Alabi, Samuel Adegbite, Alhaji Isyaku Umar, Bayo Dada and Elder Sanni Adams.

Meanwhile the trial judge in the matter, Justice Dan Abutu, who is also the Chief Judge of the Federal High Court, has ordered parties to file written addresses.

The  EFCC had on 19 January 2010 filed amended corruption charges against the accused persons, hinging its action on fresh facts available to the commission

The court, presided over by Justice Tijani Abubakar, will also rule on two applications by the EFCC. One of them is urging the court to stay proceedings pending when Akingbola will be available to answer to a criminal charge pending against him before the court.

The other is urging the court to direct parties for oral testimony to enable the court reconcile conflicts said to be in the supporting affidavit.

But the Senate has directed Yar’Adua to transmit a letter to the National Assembly that he had proceeded on vacation.

The Chief Judge of the Federal High Court, Justice Dan Abutu, on Friday gave the council 14 days to pass a resolution to determine the state of health of ailing President Umaru Yar‘Adua in line with Section 144 of the 1999 Constitution.

The President has been receiving treatment for a heart condition in a Saudi hospital for over 60 days.

Justice Adamu Bello in a judgment that lasted for over an hour said only the Supreme Court could adjudicate on the dispute between two states particularly on the claims brought by the plaintiff.  Defendants in the suit are the Attorney-General of the Federation, Accountant-General of the Federation, Attorney-General of Akwa Ibom State, National Boundary Commission (NBC) and Revenue Mobilization Allocation and Fiscal Commission (RMAFC).

Justice Adamu said section 251 of the constitution of the Federal Republic of Nigeria, 1999, gives the exclusive power to the Supreme Court to settle disputes between the Federal Government and the state and/or between the states.

He said the only way the Federal High Court could assume jurisdiction in a matter is when it involves an individual or corporate individual and Federal Government or its agencies. According to him, section 232 of the constitution would be applicable.

He said Nigeria runs the risk of becoming a lawless country if the step was not taken.

The lawyer wrote an open letter to the Senate and House of Representatives, entitled: “Legal Opinion on the case of Onwuekwe Vs. Attorney-General of the federation (Suit No: FHC/ABJ/CS/10/2010)”.

Falana said the judgment of Justice Dan Abutu of the Federal High Court has not addressed the crisis of power vacuum in the country, but rather confirmed the constitutional status of the Vice-President under the Presidential system of government.

He faulted the ruling, saying it was programmed to prevent the Vice-President from discharging the functions of the President in an acting capacity as required by Section 145 of the constitution.

The court presided over by Chief Judge, Justice Daniel Abutu, also handed over a similar suit filed by Lagos lawyer, Femi Falana to a brother judge, Justice Adamu Bello, following the plaintiff’s protestation that he might not get justice from Abutu, considering his judgment in another similar suit last Wednesday.

Justice Abutu had held in a suit by one Christopher Onwuekwe that Vice-President Goodluck Jonathan could perform presidential functions only with the permission of the president and could not be acting president because the president did not transmit any letter to the National Assembly.

Another suit filed by the Nigerian Bar Association {NBA} on the president’s refusal to allow his deputy to act in his absence was adjourned till 21st January, 2010.

Abutu’s Wednesday ruling has become very controversial and discredited considering the flawed circumstances in which it came and its apparent lack of logical depth.

The ruling denied Vice-President Goodluck Jonathan the opportunity to function as the acting president on the excuse that President Umaru Yar’Adua had not written the National Assembly, and at the same time, curiously ordering him to exercise presidential duties.

The plaintiff in that case, Mr. Christopher Onwuekwe, instituted the action on January 7, and the CJ expeditiously heard the case so much so that he delivered a ruling on Wednesday, January 13, six days after the case was filed.