Tag: Abdulaziz Yari

A Federal High Court in Abuja has ordered parties in a suit by ex-Zamfara State Governor, Abdulaziz Yari, to exercise restraint and await the court’s determination of the case.

Yari, in the fundamental rights enforcement suit, marked: FHC/ABJ/CS/948/2019, is challenging the propriety of a purported plot by the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC) to seize is assets and freeze his accounts.

He also accused the respondents – the AGF and EFCC – of seeking to deploy Executive Order Number 6 in the plot to confiscate his property and freeze his accounts and prayed the court to restrain them on the grounds that their planned action would breach his rights to own property.

The court, on August 26, 2019 heard an ex-parte motion by Yari, but elected to order the respondents to show cause why the reliefs sought by the ex-governor should not be granted and adjourned until August 30, 2019.

When parties returned to court on Friday, Yari’s lawyer, Mamud Magaji (SAN), said although he was happy that the respondents were in court, but noted that they did not fully comply with the court’s order to the effect that they must file their responses within 48 hours.

Lawyer to the AGF, Abdulahi Abubakar, said his client was not aware of the facts of the case and has decided to rely of the affidavit to show cause, containing facts of the case, as filed by the EFCC.

Abubakar said the AGF has also, in compliance with the court’s order, filed a counter-affidavit to the applicant’s originating application, in which it, among others, queried the competence of the suit.

Lawyer to the EFCC, Mrs. Hussaina Gambo, confirmed that the commission, in compliance with the court’s order, filed a counter affidavit.

Read Also: How ex-Gov Yari looted Zamfara, by ICPC

Mrs. Gambo said her client was served with the court’s order on August 28, 2019, but was only able to file its response by 12noon on Friday.

She told the court that, as against the apprehension expressed by the applicant, no steps have been taken by the EFCC to “truncate the administration of justice.”

Mrs. Gambo added that even with the pendency of Yari’s case, the EFCC could still proceed to conduct its investigation, adding that the conduct of investigation by her client cannot amount to a violation of the applicant’s rights.

Responding, Magaji observed that from what the EFCC’s lawyer said, his client was not free from possible arrest and detention by the respondent before parties return to court again.

“From what she has said, we still need further order of this court because what she said may mean that arresting or inviting the applicant,” Magaji said and proceeded to cited decisions of the appellate court to support his position.

He argued that the respondents can no longer take any further steps in respect of the case because parties are now all before the court and have submitted to the court’s jurisdiction.

Magaji prayed the court to order parties to maintain status quo and refrain from taking any action in relation to the issues in dispute pending the court’s determination of the case.

He noted that, having joined issues, none of the parties is expected to take any step that will pervert the administration of justice until the issue is fully determined.

Ruling, Justice Evelyn Maha agreed with Magaji that, since the respondents did not file and serve their responses on time, the applicant is entitled to time to respond.

Justice Maha directed parties to exercise restraints and refrain from taking steps that will impede the administration of justice as it relates to the instant suit.

She adjourned until September 5, 2019 for hearing.

The AGF, in the counter affidavit, prayed the court not to grant the reliefs sought by the ex-governor in the main suit and argued that granting same was capable of encouraging corrupt practices.

The AGF justified powers of all security agencies, including the EFCC, to investigate, arrest and detain anyone found to have been engaged in the commission of a crime.

“If this court grants the relief of the applicant, the doors of corruption will thrive and consequently put the corporate existence of Nigeria in jeopardy,” AGF said.

ECONOMIC and Financial Crimes Commission (EFCC) operatives have raided the country home of former Zamfara State Governor Abdulaziz Yari over the ongoing probe of his tenure, The Nation learnt on Monday.

The EFCC team also searched the houses of Yari’s brother Jafaru and his intimate friend, Sha’aya Mafara.

About 21 exotic vehicles were found in the compound of Yari, former chairman of the Nigerian Governors’ Forum (NGF) until he left office on May 29.

Yari’s interrogation will determine how the vehicles were acquired, sources told The Nation.

Yari, who was out of the country at the time of the raid on Sunday, has been invited by the commission.

The former governor is being investigated for alleged questionable payment of N19 billion  from the London-Paris Club refund; N35 billion spent on Internally Displaced Persons (IDPs); Ecological and Stabilisation Fund and how he incurred N151, 190,477,572.02 liabilities on ongoing projects.

EFCC operatives from Sokoto Zonal Office deployed 15 operatives in Yari’s country home in Talata Marafa. The EFCC has been on the trail of the governor since 2017 but he enjoyed immunity while in office.

A source, who pleaded not to be named, said: “The raid of Yari’s home was in connection with the ongoing investigation of the former governor. He has some issues to clarify on his tenure.

“Most of the issues have been in public domain for a while, especially the alleged questionable payment of N19 billion from the London-Paris Club refund to some consultants by the NGF and mismanagement of Zamfara State’s resources.

“We are not pronouncing him guilty but we want him to appear for interrogation on some of the issues we have highlighted for investigation.”

Read Also: Why we raided former Gov Yari’s residence, by EFCC

Responding to a question, the source added: “Such a raid is allowed when we have superior intelligence on a Politically Exposed Person (PEP).

“For instance, our operatives uncovered 21 exotic vehicles in his compound. Yet, we have an allegation that a part of the N35 billion budgeted for IDPs in Zamfara was used to buy choice cars.

“The intelligence at our disposal made our operatives to search the houses of Jafaru Yari, the ex-governor’s brother and his intimate friend, Sha’aya Mafara. In fact, Yari’s brother was at his residence when our team got there.

“The onus is on Yari to explain how he came about the exotic vehicles; whether or not he declared them in his Asset Declaration Form; and if these vehicles were in his exit Asset Form as a former governor in May.

“Once he is able to justify the acquisition of the vehicles, the EFCC has no problem with Yari. Otherwise, he has a question to answer.”

The source said some suspects were facing trial over the London-Paris Club refunds.

The source said: “We need Yari to come to our office to explain his roles. He was central to the negotiation and disbursement of the funds.

“Some suspects are already on trial. A few others escaped abroad. But since Yari has no immunity again, let him just clarify a few things.

“We are hopeful he will honour our invitation.”

EFCC’s  Acting Head of Media and Publicity Mr. Tony Orilade, said: “It is true we went to the house of the former governor of Zamfara State, Yari, in respect of the ongoing investigation.

“Like we have always said, we won’t discuss our investigation with the media.

“At the appropriate time, when the investigation is ripe, we shall proceed to prosecution and we shall carry the media along.”