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Tag: Court

  • Omo-Agege: Court to begin Saraki’s contempt trial Oct 18

    •Remedy alleged wrong or appear in court to defend yourself, judge tells Senate President

    A FEDERAL High Court in Abuja has fixed October 18 for the beginning of hearing in the contempt proceedings initiated against Senate President Bukola Saraki by Senator Ovie Omo-Agege ((Delta Central).

    Omo-Agege initiated the contempt proceedings upon his claim that Saraki was withholding his entitlements, as a serving senator, following the court’s nullification of his suspension by the Senate.

    The Saraki-led Senate had, earlier this year, suspended Omo-Agege, which suspension the court, in a May 10, 2018 judgement, set aside.

    The court also ordered his reinstatement and the payment of all his accrued benefits for the period of the suspension.

    Yesterday, Omo-Agege’s lawyer, Alex Iziyon (SAN), told the court that his client’s application for Saraki’s committal was ripe for hearing.

    Iziyon prayed the court to hear the application since Saraki has allegedly chosen not to attend court or obey the court’s subsisting judgment.

    Izinyon, in the application, a Form 49, noted that while Omo-Agege was been allowed to resume at the Senate, Saraki had allegedly continued to flout the order directing that the applicant be paid all his entitlements.

    He said Saraki, in flouting the judgment, had refused to give an approval to the payment as ordered by the court.

    Justice Nnamdi Dimgba said he would give Saraki another chance to either “remedy the alleged wrong” or appear in court to defend himself.

    Justice Dimgba agreed with Izinyon that his application was actually ripe for hearing.

    He noted that the court’s records showed that Saraki had been served with the motion on notice and hearing notice for yesterday’s proceedings through a newspaper publication made on September 25, as ordered by the court.

    Justice Dimgba directed Izinyon to write Saraki and the Senate’s Legal Department, informing them that the court has scheduled October 18 for the hearing of the contempt proceedings.

    The judge said: “”It is hereby ordered as follows:

    • That indeed from the records of the court, the Senate President, the alleged contemnor, was served with the motion and hearing notice by advertisement as ordered by the court at pages 35 – 36 of The Nation Newspaper of September 25, 2018; this motion is, therefore, ripe for hearing;

    *That in the interest of justice, and to give the alleged contemnor another opportunity to remedy the alleged wrong or even to appear to defend himself, and as a demonstration of the court’s commitment for justice, the court directs the applicant/judgment/creditor’s counsel to write to the alleged contemnor and the legal department of the Senate informing them of the next adjourned date;

    • That it will be useful out of abundant of caution that this letter is accompanied with a hearing notice being a court issued process.”

    Justice Dimgba thereafter adjourned to October 18 for “definite hearing.”

    The judge had, on May 16, 2018 dismissed the application by the Senate and Saraki, seeking a stay of execution of the May 10, 2018 judgment, which nullified the 90-day suspension imposed on Omo-Agege by the Senate.

     

     

     

     

  • Omo-Agege: Court to commence Saraki’s contempt trial Oct 18

    *’Remedy alleged wrong or appear in court to defend yourself,’ judge tells Senate President

     

    A Federal High Court in Abuja has fixed October 18 for the commencement of hearing in the contempt proceedings initiated against Senate President, Bukola Saraki by Senator Ovie Omo-Agege (Delta Central).

    Omo-Agege initiated the contempt proceedings upon his claim that Saraki was withholding his entitlement, as a serving Senator, following the court’s nullification of his suspension by the Senate.

    The Saraki-led Sanate had, earlier this year suspended Omo-Agege, which suspension the court, in a May 10, 2018 judgement, set aside, ordered his reinstatement and the payment of all his accrued benefits for the period of the suspension.

    On Thursday, Omo-Agege’s lawyer, Alex Iziyon (SAN) told the court that his client’s application for Saraki’s committal was ripe for hearing.

    Iziyon prayed the court to hear the application since Saraki has allegedly chosen not to attend court or obey the court’s subsisting judgment.

    Izinyon, in the application, a Form 49, noted that while Omo-Agege was been allowed to resume at the Senate, Saraki had allegedly continued to flout the order directing that the applicant be paid all his entitlements.

    He said Saraki, in flouting the judgment, had refused to give an approval to the payment as ordered by the court.

    Ruling, Justice Nnamdi Dimgba said he would give Saraki another chance to either “remedy the alleged wrong” or appear in court to defend himself.

    Justice Dimgba agreed with Izinyon that his application was actually ripe for hearing.

    He noted that the court’s records showed that Saraki had been served with the motion on notice and hearing notice for the Thursday’s proceedings through a newspaper publication made on September 25, 2018 as ordered by the court.

    Justice Dimgba directed Izinyon to write Saraki and the Senate’s Legal Department, informing them that the court has scheduled October 18 for the hearing of the contempt proceedings.

    The judge said:”Upon this motion on notice dated and filed on August 15, 2018, praying for the committal of the Senate President to prison for contempt of court coming up before this honourable court today  for hearing; and after hearing Dr. Alex Izinyon (SAN) with Hanatu Abdularim, Friday Izinyon, Alex Izinyon II, J.A Gesa, for the judgment/creditor/applicant urging that the court should proceed with the hearing;

    “It is hereby ordered as follows:

    *That indeed from the records of the court, the Senate President, the alleged contemnor, was served with the motion and hearing notice by advertisement as ordered by the court at pages 35 – 36 of The Nation Newspaper of September 25, 2018; this motion is therefore ripe for hearing.

    Read Also: Atiku: Obasanjo’s endorsement means nothing, Says APC

    *That in the interest of justice, and to give the alleged contemnor another opportunity to remedy the alleged wrong or even to appear to defend himself, and as a demonstration of the court’s commitment for justice, the court directs the applicant/judgment/creditor’s counsel to write to the alleged contemnor and the legal department of the Senate informing them of the next adjourned date.

    *That it will be useful out of abundant of caution that this letter is accompanied with a hearing notice being a court issued process.”
    Justice Dimgba thereafter adjourned to October 18 for “definite hearing.”

    The judge had, on May 16, 2018 dismissed the application by The Senate and Saraki, seeking a stay of execution of the May 10, 2018 judgment, which nullified the 90-day suspension imposed Omo-Ageg by the Senate.

    In dismissing the application, the judge was of the view that the application and its accompanying notice of appeal were based on a wrong notion of the judgment being challenged.

    The judge noted that the application failed to show that it was targeted at the court’s judgment of May 10, 2018.

    Justice Dimgba said, while the application sought a stay of the judgment in which all the plaintiff’s prayers were granted, the May 10 judgment did not grant all the reliefs sought by the plaintiff.

  • Court voids Rivers APC’s list of candidates

    A Port Harcourt court yesterday voided the election of officers  and candidates of the Rivers State chapter of the All Progressives Congress (APC).

    But the party said it had appealed the judgment and requested a stay of execution.

    The ruling is a culmination of the crisis between Minister of Transportation Rotimi Amaechi and Senator Magnus Abe over the leadership of the party.

    Abe, ran a parallel congress which picked him as the governorship candidate. The Ameachi group, with the endorsement of the National Secretariat, picked Mr Tonye Cole as  candidate.

    Cole is recognised by the national secretariat.

    In spite of yesterday’s sack of Rivers APC Chairman Ojukaye Flag-Amachree, and the nullification of the party’s ward, local government and state congresses of May 19, 20 and 21, by Justice Chiwendu Nworgu, the Amaechi group insisted that the APC officials remained duly elected.

    Justice Nwogu said all actions taken by the APC during the pedency of the suit had been set aside because “they are illegal and unconstitutional.”

    Justice Nwogu declared that all those who purchased nomination forms for the ward congresses were entitled to contest the ward congresses of May 19,  but were unjustly excluded by the party.

    He said: “The Rule by might must be checked by the rule of law. We must restore the hope of the common man in the justice system”.

    Justice Nwogu, who based his judgment on the Amaechi versus INEC Matter of 2007, noted that having studied the submissions in the matter, he was bound to make consequential orders to ensure that justice was done in the case.

    Justice Nwogu declared that all those who purchased nomination forms for the ward congresses were entitled to contest  the ward congresses of May 19, 2018, but were unjustly excluded by the party.

    Rivers APC through its Publicity Secretary Chief Chris Finebone, at a news conference yesterdaysaid the judgment had been appealed, with stay of execution already entered.

    The APC also noted the support inside the Rivers High Court, Port Harcourt by Governor Nyesom Wike’s aides “in full collaboration with Abe.”

    Senator Abe’s loyalists: Ibrahim Umar and 22 others in the 23 local governments of Rivers, State approached the court, stating that they were excluded from participating in the congresses. This was upheld by the court.

    Justice Nworgu in the judgment that lasted over one hour, also set aside all the primaries of Rivers APC, including the indirect election that produced Cole, a billionaire businessman, as the governorship candidate.

    Adddressing his supporters yesterday at a rally, Senator Abe hailed the court’s judgment, declaring that Prince Peter Odike remained the Rivers Chairman of APC and that since he emerged through direct primary, backed by the National Executive Committee (NEC) of the party, he was the standard bearer of APC in Rivers.

    Abe said: “When he (Amaechi) came to me and said I should not run (for governorship in 2019), but I asked him what he wanted, he said he would bring Tonye Cole. Rivers people will not follow anybody that they do not know. We are fighting against a sitting governor (Nyesom Wike of Peoples Democratic Party), who has resources and he is a politician. They told the world I am a betrayer, a bad person and I am not loyal.  No, it will not work.

    “They said they would retire me from politics, if I refused. I would wear the retirement as a badge of honour, because Nigerians would know that when it was time to tell the truth, I opened my mouth and I spoke the truth. How would they retire me from the minds of my people in Rivers State? They also said they would bring money and everyone would leave me and go home. Let them bring the money, I will still stand here alone. We will not leave APC, because we built the party. We cannot leave our inheritance for anybody. The trouble will not end.

    “Over 148,000 Rivers people, across the 319 wards of the 23 local governments of Rivers State, during the direct governorship primary election of APC, came out and cast their votes for me. We are interested in the progress of this party, we are ready to work for the progress of this party, but the party must show respect to its members. We are being treated with disrespect. You do not do that in politics. People cannot sit down in Lagos and choose a governor for Rivers people.

    The Rivers chapter of APC, however, stated that it was not surprised that the Rivers High court, presided over by Justice Nworgu, set aside the May congresses.

    Amaechi’s allies in Rivers APC said: “The judgment did not come to us by surprise. It brings to an end, the collaboration between Senator Magnus Abe and Governor Nyesom Wike to destabilise the APC in Rivers State.

    “There had been many overt and covert partnerships between Wike and Abe, using the Rivers State Judiciary on the matter to scuttle the electoral fortunes of the APC in 2019. Today’s (yesterday’s) judgment is a culmination of the evil collaboration.

    “The grand rally staged today (yesterday) by Abe was carefully planned and scheduled by both the Senator and Wike to coincide with the Rivers State High Court judgment, details of which they were already privy to. It was not surprising when Abe gleefully announced the exact judgment of the court on the rally rostrum, just about when the judge was still reading his judgment in court.”

    Rivers APC also urged members and sympathisers of the party in the state and across Nigeria to remain calm.

    It noted that despite the fact that aspects of the matter were already before the Court of Appeal and the Supreme Court, the lower court in Port Harcourt still went ahead to decide on the matter being challenged at higher courts.

    It said: “Nothing will happen to the Ojukaye Flag-Amachree-led State Working Committee (SWC) of the party, as it is further protected against any action by the perpetual injunction granted by Abuja High Court 14, presided over by Justice A. O. Musa, on September 4, 2018, in which it restrained the APC and its National Chairman, Comrade Adams Oshiomhole (1st and 2nd Defendants), from tampering with the mandates of the elected officials/delegates elected at the 1st Defendant’s ward, local government and state congresses in Rivers State on May 19, 20 and 21, 2018 respectively, either by nullifying, removing or in any way refusing to give effect to the outcome of the said congresses or by purporting to conduct another congress in respect of Rivers State.

    “It is also important to emphasise that the entire 319 wards and 23 LGAs executives of the party in Rivers State are, by implication, protected against the ruling by any court of coordinate jurisdiction with the Abuja High Court that granted the Ojukaye Flag-Amachree-led Rivers State executive a perpetual injunction. We urge everyone to go about their duties without let.

    “It must be mentioned that if the entire collaboration between Abe and Wike on this matter is to nullify actions the party recently took relating to its mandate, by seeking to invalidate the Ojukaye Flag-Amachree-led executive, such an exercise has failed. For example, the primaries so far conducted in Rivers State were done by the national executives/ national leadership of the APC and not essentially by the Ojukaye Flag-Amachree-led executive in Rivers State. Seeking to invalidate the Ojukaye Flag-Amachree-led executive cannot in anyway invalidate the primaries.

    “We commend the Special Adviser to Governor Wike on Electronic Media, Simeon Nwankaudu, for his efforts at the court today (yesterday) in furtherance of the collaboration between Abe and the Rivers State government. We also commend the presiding judge for the ‘industry’ put into the process.”

    Rivers APC also urged members and supporters of the party not to lose sleep over the matter, while asking Wike, Abe and their supporters to continue to fool, delude and ridicule themselves.

     

  • ‘Illegal’ PVCs possession: Court adjourns PDP chiefs’ arraignment till November 23

    The arraignment of three chieftains of the Peoples Democratic Party (APC) in Osun State, Alhaji Fatai Diekola, Sikiru Lawal and Adekilekun Segun, for alleged illegal possession of Permanent Voter’s Cards (PVCs) has been adjourned till November 23.

    The trio were arrested on September 25 around Alekuwodu area of Osogbo, the Osun State capital, for allegedly being in possession of several PVCs ahead of the September 27 Osun governorship rerun.

    They were brought to court yesterday for trial.

    When the suspects were called into the dock, Oyedele (aka Diekola), who had a plaster on his hand, slumped before the charge against him was read.

    The accused was given a chair to sit on.

    The defence counsel, Bukola Onifade, told the court that the accused was seriously sick, adding that he was brought to court from the Obafemi Awolowo University (OAU) Teaching Hospital in Ile-Ife.

    The prosecutor, Felix Okocha, prayed the court to take the plea of the accused, but Chief Magistrate Olusegun Ayilara said he could not take the plea of a dying person.

    He adjourned the matter till November 23.

     

  • Court voids PDP’s expulsion of Kashamu, Ogun Chairman

    A HIGH Court of the Federal Capital Territory (FCT) in Apo, Abuja has set aside the People’s Democratic Party’s (PDP) expulsion of Senator Buruji Kashamu (Ogun East) and the party’s Ogun State Chairman, Adebayo Dayo, an engineer.

    Justice Valentine Ashi, in a ruling yesterday, held that the purported expulsion was unlawful because it was done in flagrant disobedience of a subsisting order of the court made on December 7, 2017, which was restated on January 9, 2018.

    It directed parties not to do anything to jeopardise the hearing of the pending case.

    The court had, while restating its earlier order on January 9, 2018, added that the PDP must not carry out any disciplinary action against the defendants without first, having recourse to the court.

    Justice Ashi, who nullified the expulsion, also set aside the PDP’s letter, dated August 1, 2018, conveying the expulsion to Kashamu and Dayo.

    The judge ordered PDP’s Chairman, Uche Secondus to, within 48 hours of his receipt of the court order, to show cause why the court’s disciplinary measure should not be deployed against him for aiding his party to violate a valid court order.

    In the alternative, the court ordered Secondus to show why he should not be referred to the Attorney General of the Federation (AGF) and Minister of Justice for prosecution, before the Magistrates’ Court of the FCT, for obstructing the course of justice.

    The ruling was on an application  filed by Kashamu and Dayo, which was argued for the applicants by their lawyer, Charles Ndukwe.

    The PDP had, on December 4, 2017, sued Kashamu and four others. It sought among others, order restraining Kashamu and the other defendants from preventing it from carrying out its legitimate activities, including its national convention slated for  December 9 and 10, 2017.

    On December 7, 2017, the court granted PDP’s ex-parte motion and ordered parties to maintain the status quo, by refraining from doing anything that is capable of  jeopardising the hearing of the pending interlocutory application and the substantive suit.

    Sued with Kashamu were: Chief Makanjuola Ogundipe (PDP South West leader), Alhaji Adewale Adeyanju, Dayo and the Independent National Electoral Commission (INEC).

    On January 9, 2018, the court, upon complaint by Kashamu and Dayo, set aside their suspension by the PDP. The court said the suspension was carried out by the PDP while the case was still pending.

    The court proceeded to restrain the PDP from taking any disciplinary action against Kashamu and others without first making recourse to the court and fixed further hearing in the case till a later date.

    Rather than prosecute its case to conclusion, the PDP abandoned it, following which the court, on May 2, 2018, struck it out and set down the defendants’ counter-claim for hearing on November 6, 2018.

    On July 24, 2018, the PDP announced the expulsion of Kashamu and Dayo, which was contained in the party’s letter of August 1, 2018, which it served on the two.

    The party’s decision  informed the application by Kashamu and Dayo, on which Justice Ashi’s ruling yesterday was based.

    In the ruling, the judge agreed with the applicants (Kashamu and Dayo)  that the order made on December 7, 2017 and restated on January 9, 2018 was still binding on the plaintiff (PDP) and all parties despite its (PDP’s) abandoning of the case, which led to it being struck out.

    Justice Ashi noted that even when the main suit was struck out, the counter-claim filed by Kashamu and other defendants was still pending.

    The judge rejected PDP’s objection to the suit and held that the suit Kashamu filed against the party before the Federal High Court, Abuja was different from the one before his court.

  • Court strikes fraud charges against Innoson Motors’ boss

    An Ikeja High Court yesterday struck out a fraud charge preferred against the chairman of Innoson Motors Nigeria Limited, Innocent Chukuwuma (aka Innoson), by the Economic and Financial Crimes Commission (EFCC).

    Justice Olusola Williams struck out the case after EFCC failed to produce Innoson in court to face trial.

    The EFCC sued Innoson and his company in January 2018 for fraud, conspiracy and obtaining money under false pretences.

    However, Innoson did not appear in court to take his plea throughout the pendency of the suit despite repeated orders, including a warrant for his arrest.

    Justice Williams said it is the responsibility of the EFCC to produce Innoson but they never did.

    He said: “This court is not an investigator or a prosecutor, and cannot waste precious judicial time prosecuting a matter that is going nowhere.

    “This is a criminal matter that can be instituted anytime the prosecution is ready.  The court hereby strikes out the matter.”

    EFCC’s lawyer Ms Zainab Ettu told the court that Innoson has been hiding from the anti-graft agency.

    “My Lord, the defendant has being giving briefs to counsels but has never deemed it fit to appear in court. While we continue to pursue his arrest, it behoves on the defendant’s lawyers, as ministers in the temple of Justice, to produce their client.

    “If they can collect briefs from him, then they should know where he is,” Ettu said, adding that the anti graft agency is optimistic about arresting Innoson.

    “We already have a warrant for his arrest, as the court has declared him wanted. The counsels to the defendant have brought numerous applications trying to stall the matter,” Ettu added.

    But Innoson’s lawyer, Prof. J.N Mbaduga said EFCC filed a similar suit before a Federal High Court in Lagos.

    He said: “While the suit was still pending, the EFCC filed another suit with the same subject matter against the defendants. Some of the facts arising from the case have even proceeded before the Supreme Court. We raised a preliminary objection citing abuse of court processes. We also raised objections on the grounds that the defendant has not been served with the charges.

    “My Lord, until the EFCC can produce the defendant in court, the court cannot exercise any jurisdiction over the defendant,” he said.

  • Court remands woman over ‘N1.5m fraud’

    A  28-year-old woman, Princess Akpofure Eseoghene, was yesterday remanded in prison custody by the Rivers State High Court for allegedly defrauding Anitaitorde May Igoni of N1.5 million.

    She was alleged to have obtained the money from her victim on the pretext of involving her in a monthly contribution (Osusu), but failed to give the victim money when it was her turn to collect the contribution.

    The incident allegedly occurred in Port Harcourt in August last year. Efforts by the victim to recover the amount had been futile.

    Prosecutor Wilson Isaiah alleged that the suspect committed the crime on August 25 last year.

    He said the offence breached Section 1 (3) of the Advance Fee Fraud and other Related Offence Act Laws of the Federation, 2006.

    The charge was not read out to the accused, hence she did not take plea.

    The court presided over by Sokari Andrew-Jaja said he lacked jurisdiction on the matter and ordered the police prosecutor to duplicate the case file and transmit same to the Director of Public prosecution (DPP)  for legal advice.

    The defence counsel urged the court to assume jurisdiction and grant bail to the suspect, but the court declined.

    Andrew-Jaja ordered counsel to the defendant to file a written address on the application for bail of the defendant.

    The case was adjourned till October 25 for adoption of written addresses pending DPP’s advice.

  • Court restrains unions from disrupting MMA2’s operations

    A Federal High Court sitting in Lagos has granted an order restraining the Air Transport Services Senior Staff Association of Nigeria (ATSSSAN), the National Union of Air Transport Employees (NUATE) and the National Association of Aircraft Pilots and Engineers (NAAPE) from disrupting the operations of the Murtala Muhammed Airport Terminal Two (MMA2).

    The court yesterday granted the order restraining the three unions from carrying out their threats of disrupting the activities of the terminal from this morning in the suit filed by Bi-Courtney Aviation Services Limited (BASL), operators of MMA2.

    The unions had given notice that they would disrupt operations at MMA2 from today over the disengagement of some workers of BASL who they said were reliefed of their jobs over their alleged attempt to join the union. BASL however claimed the affected workers had either attained retirement age or were found not to be diligent in their duties.

    But a statement issued by BASL yesterday said, “we will like to bring it to the attention of the entire public that the Federal High Court in Lagos in suit number FHC/L/CS/16412/18 has granted an order restraining the unions from carrying out their threats of disrupting the activities of the terminal. Pursuit to this order, members if the unions found in the premises of MMA2 would be liable to trespass. We reserve our right under the law of Nigeria to deal with such person as a trespasser.”

    BASL also assured customers and passengers of MMA2 that they will continue having seamless access to the facility.

    The statement said: “BASL is fully aware of the plan by some unions in the aviation sector to disrupt the operations of MMA2 over our decision to disengage some employees. Disengaging the ex-employees had nothing to do with unionism, as we were not aware of this. In as much as we know that the unions have the right to protest without disturbing public peace and safety, we too reserve the right to ensure that our operations and services are not interrupted in any way whatsoever.

    “Any attempt to carry out this lawless act despite the subsisting court order would be viewed seriously and considered as an act of economic sabotage targeting a concession which they constantly tried to truncate. And as a law-abiding corporate citizen, we will do everything possible within the ambit of the law to protect our facility.

  • Court convicts runaway doctor of cocaine trafficking

    A Lagos Federal High Court yesterday convicted a doctor, Dennis Konyeaso, of cocaine trafficking, in absentia.

    It, however, could not pass a sentence because the doctor jumped bail and fled.

    Justice Mohammed Idris discharged and acquitted Konyeaso’s wife, Chidi, who was charged with him by the National Drug Law Enforcement Agency (NDLEA).

    They were arraigned in 2012 on a four-count charge of conspiracy, unlawful dealing and storing of 3.3 kilogrammes of cocaine.

    NDLEA alleged that the couple, in July 2007, conspired to export 3.3 kilogrammes of cocaine with the aid of an ex-convict, Victor Keyamo.

    They were also alleged to have stored the banned substance at their Plot 729, Atere Street, Omole Estate, Ikeja, Lagos home without lawful authority.

    Prosecuting counsel Mrs. Obiageri Iwuchukwu said the offence contravened sections 14(b), 19 and 12 of the NDLEA Act of 2004.

    Mrs. Konyeaso said her husband abandoned her and their three children for years after he learnt that the NDLEA operatives invaded their home in search of the banned substance.

    She said she never knew her husband was into drug trafficking.

    According to her, she became aware when the officials searched their home and found parcels of cocaine.

    The judge adjourned sentencing until the convict is arrested.

  • Court affirms EFCC’s power to probe states’ accounts

    THE Economics and Financial Crimes Commission (EFCC) has the powers to investigate state governments’ accounts and the deployment of states’ funds, a Federal High Court in Abuja has declared.

    Justice Nnamdi Dimgba made the declaration yesterday in a judgment on a suit filed by the Benue State Government through its Attorney General (AG).

    The suit challenged the investigation of the state’s accounts and finances by the EFCC and the subsequent temporary freezing of the state’s accounts.

    Justice Dimgba disagreed with two earlier decisions by Justices Ahmed Mohammed and Taiwo Taiwo (also of the Federal High Court) in the cases by Rivers and Ekiti states’ governments on similar probe by the EFCC.

    Justice Dimgba said the powers of the House of Assembly and the Auditor General of a state to scrutinise the financial activities of a state did not prevent the EFCC from exercising its power to investigate financial crimes in any state.

    The judge was of the view that, at best, the power of the EFCC to investigate states’ finances was complementary to the functions of the House of Assembly and those of a state’s Auditor-General.

    Justices Mohammed and Taiwo had separately held that the EFCC could only probe state’s finances and accounts with the permission of the state’s House of Assembly.

    But, in his view, Justice Dimgba said: “The powers donated to the EFCC under Section 38 of its Act are very broad and not limited to any geographical location. It is so broad that it arises even in the context of management of state’s finances.

    “I am of the view that EFCC retains the powers to investigate the finances of the state. It does not do any violence to the doctrine of federalism and separation of powers.

    “Besides, the EFCC has the expertise to carry out forensic investigation of financial crimes. Neither the House of Assembly nor the Auditor General has the special skills to investigate financial crimes.

    “I differ with my brothers’ decision in the case of ?AG Rivers vs EFCC and AG Ekiti vs EFCC because there is some danger in holding that only state Houses of Assembly can investigate states’ finances.

    “This court takes a different view bearing in mind the collaborative efforts between the state and Federal Government in the fight against corruption.

    “EFCC has legal powers to investigate financial crimes in every strata of our public ?life, even at local government level,” the judge said.

    Justice Dimgba faulted the argument by Emeka Etiaba (SAN) for the plaintiff, to the effect that the EFCC’s activities, in inviting Benue State’s officials, amounted to investigating the state government.

    The judge said: “I make bold to say that the suit rest on a fallacy that EFCC is investigating the Benue State Government. This misconception collapsed in the face of the provision of Section 38 of the EFCC Act.

    “What is clear to me, going by the exhibits attached by the 1st defendant, is that petitions were written against some named officials in the administration of the Benue State Government, containing allegations of fraud against them.

    “Invitation letters were directed to some officials of Benue State Government and another letter requesting the release of some state’s officials.

    “None of the officials is a governor or deputy ?governor, who enjoys immunity under Section 308 of the 1999 Constitution. The suggestion that EFCC is investigating Benue State Government did not hold water.

    “I am of the view that EFCC acted within its powers under the law when it sent letters of invitation to some officials of the Benue State Government for the purpose of investigation, which is the subject matter before this court.

    “I don’t agree that its action is an usurpation of the responsibilities of the state House of Assembly and the Auditor General of the state.”

    Justice Dimgba cautioned the EFCC to always be neutral and avoid portraying itself as biased. He urged the EFCC to carry out its statutory functions in a way that allows it to earn public confidence.

    The judge noted that where the EFCC act in a manner that suggests witch-hunt, it gives room for people to doubt its fairness and neutrality.

    Justice Dimgba dismissed the suit for lacking in merit. He held that the case was built on a misconception that the EFCC lacked the statutory powers to investigate the financial activities of a state government.