Appropriation Bill: Strike out frivolous suit by two Isoko lawyers – Delta Speaker, Guwor tells court
The Speaker of the Delta State House of Assembly, Rt. Hon. Emomotimi Dennis Guwor, has urged the Delta State High Court sitting in Oleh Judicial Division to strike out a frivolous suit brought before it by two Isoko lawyers, Ejumejowo Anthony Esq. and Dr. Oke Michael Aziakpono.
The Speaker made the prayer through his Counsel, Dr. Ayo Asala, SAN.
The two lawyers, in an originating summons in Suit No: HCO/M/16/2025, on July 28, had dragged the Attorney-General, Commissioner of Finance, the Delta State House of Assembly, as well as the Speaker before the court over the passage of the Appropriation Bill.
They demanded that the government officials explain, amongst others, the modus operandi used for passing the bill.
They stated that the expenditure of the Delta State Government is based on the annual fiscal budget presented to the Delta State House of Assembly by the Executive Governor.
According to them, the bill was duly passed into law by the House upon a two-thirds majority vote by members of the House.
In a swift reaction, a legal practitioner, Dr. Ayo Asala, filed a “Memorandum of Conditional Appearance” on behalf of the Delta State House of Assembly and the Speaker of the House of Assembly, Rt. Hon. Emomotimi Dennis Guwor.
He deposed to a counter-affidavit in opposition to the applicants’ originating summons.
“Paragraphs 4, 5, 6 and 7 of the affidavit in support of the originating summons are hereby admitted.
“Paragraphs 3, 8, 9, 10, 11, 12, 13, 14 and 15 are not true and are hereby denied.
“In response to paragraph 8 of the affidavit in support of the originating summons, the respondents state that the expenditure of the Delta State Government is based on the annual fiscal budget, presented to the Delta State House of Assembly by the Executive Governor and duly passed into law by the House upon a two-thirds majority vote by members of the House.
“In response to paragraph 9 of the affidavit in support of the originating summons, which is hereby denied, the respondents aver that the said Delta State Appropriation Law, 2025, made up of both the capital expenditure and recurrent expenditure and which guides the expenditure of the Delta State Government, is a public document and accessible to all persons within and outside the state.
“Anybody can access both the hard copy of the Appropriation Law, 2025, and the soft copy online.
“The respondents admit paragraph 10 of the affidavit in support of the originating summons only to the extent that sometime in July, 2025, the Delta State Government announced the award of various infrastructure contracts across 23 Local Government Areas amounting to a total of N230,000,000,000.00 but deny every other assertion contained therein.
“The respondents aver further that it is not true that the Delta State Government excluded Isoko South and Isoko North Local Government Areas in the recently awarded infrastructure contracts.
“Approval of infrastructure projects within the state is an ongoing process and has not been concluded. Just as in other parts of the state, there are ongoing massive infrastructural developments across Isoko South and Isoko North Local Government Areas of Delta State, including ongoing projects near completion at the Southern Delta University, Ozoro, construction of Edherie-Ase road in Isoko South Local Government Area, Okpolo-Enhwe road, Enhwe, Isoko South LGA, construction of failed Uzere-Asaba-Ase roads and culverts in Isoko South LGA, just to mention but a few.
“In response to paragraph 11 of the affidavit in support of the originating summons, the respondents state that the 3rd respondent was never under any coercion or intimidation whatsoever in the passage of the Delta State Appropriation Bill, 2025, into law.
“Each of the three arms of government in the state, that is the Executive, Legislature and Judiciary, enjoys their independence and none is subservient to the other.
“The passage of the Delta State Appropriation Bill, 2025, into law by the respondents was done for the good and benefit of all Deltans in line with the MORE Agenda of the present government and to ensure meaningful infrastructural development across the 25 Local Government Areas of the state, including Isoko North and Isoko South Local Government Areas.
“In response to paragraphs 12, 13, 14 and 15 of the affidavit in support of the originating summons, the respondents state that the Government of Delta State has not and will not discriminate against any Local Government Area within the state, including Isoko South and Isoko North Local Government Areas, in the allocation of infrastructural development and entrepreneurship programs.
“Recently, the good people of Isoko South and Isoko North Local Government Areas commended the State Governor for the massive infrastructural development going on in the Local Government Areas and also passed a vote of confidence on the Governor, thereby endorsing the Governor for another term of office come 2027.
“I was further informed by Dr. Ayo Asala, SAN, lead Counsel to the respondents, on the 5th of August, 2025, at about 11:00 a.m. at our office at the above-mentioned address, of the following facts, which information I verily believe to be true and correct as follows:
“That the applicants lack the locus standi to institute this action, thereby depriving this Honourable Court of the requisite jurisdiction to entertain this suit.
“This suit discloses no reasonable cause of action against the respondents.
“The instant suit raises contentious issues of fact and there is nothing that calls for the interpretation of the constitution or any instrument. It is in the interest of justice to dismiss this suit.
“I depose to this counter-affidavit in good faith, believing same to be true and in accordance with the Oaths
