FCT High Court dismisses ₦1.818bn professional fee suit against Abia State Government, citing abuse of court process and forum shopping.
The High Court of the Federal Capital Territory (FCT) in Abuja has dismissed a ₦1.818 billion professional fee lawsuit filed against the Abia State Government, ruling that the case amounted to an abuse of court process.
In Suit No. CV/1136/24, instituted by Olusola Oke, SAN, the claimant sought ₦1,818,357,756.86 as professional fees allegedly owed by the state. However, the court upheld a preliminary objection raised on behalf of Abia State by Ken Ahia, SAN, effectively terminating the matter.
During proceedings, the Abia State Government argued that the claim lacked merit, stating that it had already paid more than ₦2 billion to a previous consultant on the same subject. The state further maintained that Olusola Oke, SAN had served as counsel for Imo State in the derivation dispute, while Abia State was represented by its Attorney-General. On that basis, the government contended that the demand for professional fees from Abia was legally untenable.
The court agreed with the defence and held that refiling substantially identical claims constituted forum shopping and an abuse of judicial process. Rather than striking out the matter, the court dismissed the suit entirely, a decision that legally forecloses the re-litigation of the same claims before the same court.
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With this ruling, the Abia State Government avoids potential liability of at least ₦1.818 billion, marking a significant legal victory for the state in the long-running dispute over professional fees connected to the derivation matter.
