The Economic and Financial Crimes Commission, EFCC, on Thursday asked Justice Ahmed R. Mohammed of the Federal High Court to strike out a fundamental rights suit brought by Andrew Yakubu, former Group Managing Director, GMD, Nigerian National Petroleum Corporation, NNPC, against the Commission for lack of jurisdiction.
Operatives of the EFCC had on February 3, 2017, stormed a building belonging to the former NNPC boss and recovered a staggering sum of $9, 772, 000 and £74,000 stashed in a huge fire proof safe following which he reported to the Commission’s Kano Zonal Office on February 8, 2017 and admitted being the owner of both the house and the money recovered.
In a dramatic turn, Yakubu, in a suit filed through his counsel, Ahmed Raji, SAN, is challenging his detention since February 8 and demanding the enforcement of his right to dignity of person, personal liberty, fair hearing, freedom of movement, private and family life and to acquire own property.
Aside praying the court to shield him from further investigation by the EFCC, he is also demanding a sum of N1billion as cost against EFCC and Attorney-General of the Federation, AGF, who is the second respondent, for the violation of his aforementioned rights.
Raji, while adopting his written address urged the court to grant all the reliefs sought by the Applicant (Yakubu).
He stated that “the sum total of the relief sought by the respondent is the release of the Applicant/Respondent as the investigation is still going on”.
Though, Raji admitted that the EFCC can investigate anybody, he, however, said such should not be an excuse for unwarranted detention especially in a situation where at the end of trial the person may not go to jail.
Raji also told the court that he was not aware of Exhibit EFCC 4 (order from Magistrate Court in Kano), adding that the Applicant/Respondent has not been brought to the court or any court of law. He submitted that “the exhibit is irregular and constitute a gross abuse of the proceedings of this court”.
In his preliminary objection, Johnson A Ojogbane, Counsel to EFCC told the court that it lacked jurisdiction to hear the suit. He argued that “all the facts relevant to the Applicant/Respondent’s application took place in Kano State which is outside the jurisdiction of the Federal High Court Abuja”.
“It is not in doubt that, the acts leading to this action filed by the Applicant/Respondent all occurred in Kano. He was never invited to the Commission’s Head Office in Abuja and never came to Abuja in respect of the instant case.
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“In view of this, the Federal High Court lacks territorial jurisdiction to hear and determine the matter as the court must have both subject matter and territorial jurisdiction to entertain a case,” Ojogbane argued.
On the Applicant’s prayer for human rights enforcement, Ojogbane argued that “the application is incompetent, incurably defective and therefore robs this honourable court of the jurisdiction to determine the suit.”
He went on to add that the detention warrant that authorised the detention of the Applicant/Respondent was obtained in Kano State as the EFCC is investigating the allegations leveled against the former NNPC boss.
On the other hand, the AGF, represented by T. A. Gazali brought an application asking the court for more time to regularize its processes that was filed out of time.
Justice Mohammed has adjourned to March 14, 2017 for further hearing.
Meantime, the Economic and Financial Crimes Commission has re-arraigned three directors, Gregory Eriyanremu, Frank Ugen and Harriman Isa Oyofo before Justice T. O. Uloho of the Delta State High Court sitting in Warri on an amended 5-count charge bordering on stealing.
The trio, were arraigned alongside their company, Partsmaster Oil and Gas Limited.
They are alleged to have at different times converted over N100million meant for payments of contractors who executed contract job for Delta State Oil Producing Areas Development Commission, DESOPADEC, to personal use.
The offence is contrary to Section 390 (9) of the Criminal Code, Cap. C21, Laws of Delta State of Nigeria 2006.
One of the counts reads:
“Partsmaster Oil and Gas Limited, Gregory Eriyamrernu, Frank Ugen and Harriman Isa Oyofo sometime between June and August 2010 at Warri in the Warri judicial division of the High Court of Delta State, stole the sum of N32,003,488.38 (Thirty two million, three thousand, four hundred and eighty eight Naira, thirty six kobo) being money meant for payment to Ogbo Ode &Co. for contract job executed for Delta State Oil Producing Areas Development Commission (DESOPADEC) by fraudulently converting the said sum to your own use”.
The defendants pleaded not guilty to the charge.
In view of their plea, counsel to EFCC, Kayode Oni, asked the court to fix a date for commencement of trial.
However, counsel to the 2nd defendant, Edorie Lawson Umuzu pleaded with the court to allow the accused persons to continue on the bail conditions granted the accused persons when they were first arraigned, an argument which was also canvassed by the other defence counsel.
Justice Uloho adjourned to April 7, 2017 for trial and ordered the accused persons to continue on the bail earlier granted them by court.
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