By Mohammed Baba Busu
The Federal High Court 2 sitting in Minna has adjourned the case between the Niger State Government and the Federal Ministry of Power and Others over the payment of ground rent to 22nd May 2024.
The Presiding Judge, Justice Mohammed Aminu Dan Ige, adjourned the hearing into the suit filed by the Niger State Internal Revenue Service (NGSIRS) against the Federal Ministry of Power.
Others are Nigerian Electricity Liability Management Company, Mainstream Energy Solutions Company Ltd and North-South Power Company Ltd to May 22, 2024 as defendants.
The rest joined in suit No FHC/MN/CS02/ 2024 are the Federal Ministry of Power, Nigerian Electricity Liability Management Company, Mainstream Energy Solutions Ltd and North-South Power Company as defendants in the matter.
Justice Dan Ige who ordered the adjournment in its hearing of the matter, ruled that it was to enable both counsels to prepare the necessary applications of the case.
When the matter came up for hearing on Monday, the Counsel to the first and second defendants; Barrister Abdulmalik Usman Dauda filed a Motion on Notice challenging the jurisdiction of the court to which Counsel to the NGSIRS, Aliyu Ibrahim Lemu SAN, requested for time to reply the motion on point of law.
Consequently, Justice Aminu Dan Ige adjourned the case to Wednesday 22nd of May 2024 for the continuation of the motion hearing before the commencement of the substantive case to which both counsels collectively agreed.
Speaking in an interview with Journalists shortly after the court sitting, Aliyu Ibrahim Lemu SAN stated that the court has to commence a full hearing on the next adjourned date no matter the delay tactics by the defendants’ legal teams.
On his part, Barrister Abdulmalik Usman Dauda, Counsel to the defendants, stated that they were in court to challenge its Jurisdiction, through the Motion on Notice filed at the court.
He stated that the Federal High Court is a court of enumerated jurisdiction as provided by Section 251 of the 1999 Constitution of the Federal Republic of Nigeria as amended.
The Niger State Internal Revenue Service (NGSIRS) through its legal team led by Mohammed Kudu Ndayako SAN and Aliyu Ibrahim Lemu SAN approached the court requesting it to compel the defendants to pay the sum of over N138 billion being the total of Ground Rent liabilities owed the Niger State Government by the 3 Hydro-electric Power plants in the State.
