Suit between Obolo People against A’Ibom State, others for judgement

Crown Prince Chris Abasieyo, Uyo

Firstly, it is worth stating that the case was commenced by an Originating Summons procedure. The implication is that the court hears all the processes together with a substantive suit.

In this case, the Respondents (Akwa Ibom State Government, its agencies, and the various local governments: Eket, Esit Eket, Ikot Abasi, Onna, Mkpat Enin, and Ikot Abasi) filed a preliminary objection challenging the jurisdiction of the court.

THEY ARGUED AND URGED THE COURT TO DISMISS THE CASE. On the part of the Obolos; we argued that the court has jurisdiction and even if the court does not have jurisdiction, the court cannot dismiss the suit.

Rather, it can only transfer the case to the State High Court. Of course, the court had to determine the issue of jurisdiction before going into the substantive matter.

So, the court delivered its ruling on the preliminary objections. In its ruling, the court held that it does not have jurisdiction and agreed with the argument of the Obolos that it has the power to transfer the case to the High Court.

Accordingly, the court transferred the case to the Chief Judge of the High Court of Akwa Ibom State for assignment to a judge. It is also worthy of note that the court didn’t venture into the substantive matter.

That is the case, it is not struck out or dismissed. It is transferred to the Chief Judge of Akwa Ibom State High Court. We are still in court. It is not over until it is over.