EFCC Chairman Ibrahim
Magu
The Economic and Financial Crimes Commission,
EFCC, has provided reasons it cannot arrest and prosecute former Governor of
Edo State, Adams Oshiomhole now.
The anti-graft agency is challenging the
jurisdiction of the Federal High Court in Abuja to compel it to arrest and
prosecute Oshiomhole, over allegation that he diverted public funds to his
personal use while in office as governor.
EFCC admitted that it has received petitions
accusing the All Progressives Congress, APC, National Chairman of complicity in
acts of corruption, but added that it was not under any obligation to report or
give account of its investigations to any individual or under a timeline within
which to carry out its functions.
The anti-graft agency, therefore, urged the
high court to dismiss the suit that is seeking to invoke an order of mandamus
to compel it to initiate criminal proceedings against the embattled APC
Chairman.
The suit marked FHC/ABJ/CS/628/2018, was filed
before the court by Edo State based cleric and activist, Bishop Osadolor Ochei.
The cleric wants the court to declare that
EFCC has a statutory duty to investigate different petitions that contained
allegations of financial recklessness against Oshiomhole.
The pastor told the court that Oshiomhole who
was sued as the 2nd Respondent, while in office as Edo state governor, acquired
properties in United States of America, South Africa and Dubai worth billions
of U.S. dollars and far in excess of his legitimate income.
He alleged before the court that Oshiomhole
built a sprawling mansion worth more than N10billion in his home town known as
Iyamho, while in office.
The pastor told the court that “The said
building was constructed by Verissimo, a South African Architectural outfit.
The said house of the 2nd Respondent has swimming pools, water fountains,
multiple theatres for cinema and live performances, huge event halls, bridges,
manmade lake, lodges of different sizes amongst others.
“The said cost of building the mansion is well
outside the 2nd Respondent’s legitimate income. The 2nd Respondent’s lifestyle
and extent of the said property were not justified by his source of income.”
The pastor told the court that he sent a
petition to the EFCC on November 4, 2016, where he detailed some corrupt
practices he said the ex-governor was involved in.
He maintained that EFCC’s refusal to act on
petitions containing “weighty allegations” against Oshiomhole, ran contrary to
Section 15(5) of the 1999 Constitution (as amended) which enjoined the State to
abolish corrupt practices.
But the EFCC, in a preliminary objection that
was signed by its team of lawyers led by the Head of its Legal and Prosecutions
Department, Mr. G.K. Latona, challenged the locus- standi of the Applicant to
file the action.
The anti-graft agency said it has discretion
on how to use its available manpower to carry out investigations into petitions
submitted to it.
“That investigation of cases is a holistic
process which entails time, resources, inter-agency cooperation, interview of
different persons and gathering of evidence over a long period of time
depending on the nature of the case and other variables”, it told the court.
Besides, the Commission, in an 11-paragraphed
affidavit that was deposed to by one of its staff, Mr. Yusuf Musa, told the
court that it conducts its investigations “professionally and discreetly”
before the arrest and prosecution of indicted persons.
“That 1st Respondent is a statutory body
charged principally with the responsibility of investigation and prosecution of
economic and financial crimes.
“That the 1st Respondent since its
establishment In 2003 and till date receives numerous petitions daily in its
eleven offices in various parts of the country against different persons both
from within and outside Nigeria.
“That investigation into these numerous
petitions and criminal complaints including intelligence reports are
professionally and methodically carried out by the 1st Respondent in line with
its staff strength and enabling statute.
“That 1st Respondent in carrying out its
statutory functions of investigation and prosecution of economic and financial
crimes, attends to all complaint discreetly and dispassionately without
political, ethnic, religious and other extraneous considerations.
“That the 1st Respondent had strengthened the
war against corruption with various initiatives amongst which is the Women
Against Corruption Coalition and the encouragement of Whistle Blower Policy
leading to several recoveries of illicit cash.
“That the 1st Respondent has discretion on how
to use its available manpower to carry out investigations into petitions
submitted to it.
“That Respondent is not under obligation to
report or give account of its investigations to any individual or under a
timeline within which to carry out its functions”, EFCC averred.
It said it would be in the interest of justice
for the court to strike out the suit which it said lacked competency and
constituted an abuse of the judicial process.
In a written address attached in support of
the objection, EFCC, argued that granting an order for Oshiomhole’s arrest and
prosecution as prayed for in the suit could occasion ” chaos and tumult” in the
polity.
“We submit, with respect, that if this
Honourable Court grants the reliefs of the Applicant, especially as it affects
the 1st Respondent, that it wiIl open a deluge of applications with the
over-all aim of making the Applicant a stooge of litigant who desire to dictate
to the 1st Respondent how, when, where and against whom the 1st Respondent
should proceed in the discharge of its functions. The chaos and tumult that
this scenario may generate in the pointy can only be Imagine.
“It is inimical to the tenor and tenets of a
democratic society for an agency such as the 1st Respondent to be directed or
compelled to discharge its functions in a particular way or manner, a fortiori
the 1st Respondent cannot be directed or compelled to carry out investigations
or prosecution as dictated by the Applicant or anyone.
“We urge this Honourable Court to dismiss the
Applicant’s application, same being unmeritorious and lacking in merit”, EFCC
added.
It will be recalled that Oshiomhole had also
queried the powers of the court to order EFCC to prosecute him on the basis of
the suit.
While acknowledging the powers of the
anti-graft EFCC to probe financial and economic crimes, Oshiomhole, through his
lawyer, Mr. Damian Dodo, SAN, contended that the court could not okay him to be
investigated on the strength of a petition he said was lodged against him since
2016.
He argued that the suit has become
statute-barred, saying the Applicant ought to have instituted the action within
three months after the first petition was filed against him before the EFCC.
The APC Chairman noted that the cleric first
wrote a letter to the EFCC on October 28, 2016, drawing its attention to the
allegations of financial misappropriation he made against him.
He told the court that the Applicant wrote
another letter that was received by the anti-graft agency on December 13, 2016,
reminding it of his pending petition that was allegedly not acted upon by the
EFCC.
“The action of the 1st Respondent (EFCC) which
is being subjected to review by the instant proceedings for Judicial Review,
last occurred on December, 2016, while the proceeding for Judicial Review was
commenced on 13th June, 2018, eighteen months after the occurrence of the
alleged failure being complained about.
“The suit is statute-barred by virtue of the
facts stated above and the Applicant/Respondent’s right of action (if any) has
become unenforceable”, Oshiomhole contended.
Oshiomhole insisted that the cleric failed to
show how actions he took while in office as Governor, “affected him over and
above other residents and indigenes ot Edo State.
“This Honourable Court is robbed of
jurisdiction to entertain this suit for failure of the Applicant/Respondent to
commence this action within the time provided by extant rules of this
Honourable Court and/or for failure to disclose locus standi to institute the
action”, the former Governor added.
However, the trial Justice, Anwuli Chikere has
fixed November 19 to commence hearing on the matter.
President Muhammadu Buhari, on Monday, met behind closed doors at the State House with representatives of the Nigerian Governors’ Forum (NGF) over the disagreement between them and Organised Labour on the proposed N30,000 new national minimum wage.
