A Federal High Court sitting in
Abuja, on Thursday ordered the Economic and Financial Crimes Commission (EFCC),
to appear before it over the freezing of the Benue Government account.
NAN reports that the vacation
judge, Justice Babatunde Quadri, gave the order after listening to submissions
by counsel to the Benue Government, Mr Emeka Etiaba (SAN).
Other defendants in the suit are
the Speaker, Benue House of Assembly, the Clerk, Benue House of Assembly, Benue
House of Assembly, and the Auditor General, Benue State.
The court further directed the
state government to serve all the relevant processes in the suit on the EFFC
and other respondents before the next adjourned date.
Etiaba said the suit was filed in
Makurdi, but he secured leave of court for the matter to be heard by a vacation
court due to its urgent nature and since there was no vacation court in
Makurdi.
Etiaba prayed the court to issue
a preservative order restraining the EFCC from investigating the accounts of
the state under any guise.
This, he said, was particularly
without due authorisation of the Benue House of Assembly in line with Sections
128 and 129 of the Constitution.
The plaintiff also wants the
court to determine among others:
“Whether by virtue of Sections 6,
7 and 38(1) of the EFCC Act 2004 or any other law, the EFCC or any other body
has the power to investigate or inquire into the accounts of Benue Government.
“This is having regards to the
clear provisions of Sections 1 ( 1) and (3), 125(2), (4) and (6), 128 and 129
of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Upon favourable determination of
the questions, the plaintiff is seeking a declaration that by the provisions of
Sections 6, 7 and 38(1) of the EFCC Act and any other law, the EFCC or any
other body does not have the power to inquire into the accounts of Benue
Government.
“A declaration that in the
absence of any resolution duly passed by the Benue House of Assembly pursuant
to Sections 128 and 129 of the Constitution authorising the EFCC or any other
body to investigate the accounts of Benue Government, the EFCC or any other
body cannot commence or continue investigations with respect thereof.’’
The plaintiff also wants an order
of perpetual injunction restraining the defendants from surrendering or sharing
their powers of control over public funds of Benue as provided under Sections
128 and 129 of the Constitution to any other body, authority or person.
The matter was adjourned until
Aug. 14 for hearing.
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