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 that
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.
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