A High Court sitting in Gezewa, Kano State, yesterday protected former Governor Rabiu Musa Kwankwaso from being arrested by the Economic and Financial Crimes Commission (EFCC).
He placed himself under house arrest following a petition by the Concerned Kano State Workers and Pensioners, forwarded to the anti-graft agency, alleging that he misappropriated over N10 billion pension funds.
Justice Mohammed Yahaya ordered the applicant and the respondents to maintain the status quo, pending the determination of an exparte motion on notice in which Kwankwaso sought an order to restrain EFCC from arresting him in connection with the alleged misuse of the funds.
The counsel, Okechukwu Eze, averred that “my client has been in his house over the threat of arrest by the EFCC and has been denied the liberty to perform his legislative duties as mandated by voters of Kano Central Senatorial District.”
He added: “We express fear that Kwankwaso’s right to liberty and freedom of movement, as guaranteed under the constitution, is likely to be violated by EFCC.”
Eze said Kwankwaso did not infringe on the pension laws to warrant efforts by the anti-corruption agency to arrest him.
The court refused to grant the order to restrain EFCC from apprehending Kwankwaso, the senator representing Kano Central. It rather ordered the parties to maintain the status quo.
The court ruled that hearing notice be served on the EFCC through courier service.
It adjourned the matter till July 15 for the hearing of the substantive motion on notice, to enable the parties announce their appearances.
Kwankwaso on Wednesday told the court that EFCC’s threat to arrest him restricted him to his home in Abuja.
Addressing the court on the exparte motion filed to restrain EFCC from arresting him, the lawyer urged the court to grant the request in the interest of Kwankwaso’s right.
The court, however, declined, noting that the allegation was a speculation.
Eze prayed the court that the status quo ante be maintained, pending the determination of the suit, a prayer the court granted.
He asked the court to grant his prayers on the grounds that the “injunction will be used as a shield and not as a sword.”
The petition filed on behalf of Concerned State Workers and Pensioners by Bashir Nasir & Co alleged that the ex-governor deposited N2billion in the Kano branch of the defunct Euro Bank Plc, adding that after the deposit was made, the bank went into liquidation.
According to the petition, Kwankwaso refused to follow up on a claim of the deposit from the Nigerian Deposit Insurance Corporation (NDIC).
The petitioner, who lodged the complaint nine days to the expiration of the governor’s mandate, said the action of the former governor was a violation of the provisions of the Kano State Pension and Gratuity Law.
Two weeks ago, officials of key ministries, including the accountant-general of the state, the permanent secretary, Ministry of Finance and his counterpart in the Works ministry were quizzed by the EFCC in connection with the petition.