The Federal High Court in Abuja
has giving a go ahead to a suit seeking the suspension and probe of Minister of
State on Petroleum, Dr. Ibe Kachikwu.
A civil society group, Kingdom
Rights Foundation International, had filed a suit on allegations of money
laundering, operation of a foreign bank account, corruption and assets
declaration irregularities against the Minister.
The enrolled order of the court
bearing the stamp of the Federal High Court and the signature of the registrar
with October 15, 2018 date, showed that Justice Folashade Ogunbanjo made the
order on October 10.
The plaintiff, KHRFI, through its
ex parte application filed on August 23, 2018, had sought the court’s leave to
commence a suit seeking Kachikwu’s probe for the various allegations.
Also dragged alongside the
Ministry were the Code of Conduct Bureau, the Economic and Financial Crimes
Commission, EFCC, President Muhammadu Buhari, and the Attorney General of the
Federation, Mr Abubakar Malami (SAN).
The plaintiff prayed the court,
in the substantive suit, to conduct a judicial review of the administrative
action/inaction of the defendants to perform their constitutional and statutory
mandates and obligations in connection with the investigation and prosecution
of Kachikwu.
Lawyer to the plaintiff, Okere
Nnamdi, moved the ex parte application seeking leave to commence the suit on
October 10.
Granting the request in her
ruling, Justice Ogunbanjo held, “Leave is granted to the plaintiff/applicant to
commence action for judicial review of administrative action/inaction to
perform their constitutional and statutory mandate and obligation under section
174(1), (2), and (3) of the 1999 Constitution, sections 3 and 24 (2) of the
Code of Conduct Bureau and Tribunal Act, CAP C15, Laws of the Federation 2004,
and in section 5(1) of the EFCC Act, to investigate and prosecute Dr Ibe
Emmanuel Kachikwu, on allegations of money laundering, operation of foreign
bank account while occupying a public office, corruption, false declaration of
assets, perjury and abuse of office, contrary to the Code of Conduct for Public
Officers provided under paragraphs 1, 2 and 11(1) and (2) of the Fifth
Schedule, Part I of the 1999 Constitution of the Federal Republic of Nigeria
(as amended).”
The judge also made an order
deeming the plaintiff’s originating summons (the main suit) filed alongside the
ex parte as “properly filed under Order 34 Rule 5(1) of the rules of the
court.”
But the judge declined to grant
the applicant’s request that Kachikwu should be served with the court papers
through “the most senior staff member in the registry on any staff member of
the ministry.”
Rather, the court ruled that “the
first defendant (Kachikwu) is to be served personally.”
The judge then fixed October 24
for a report of service.
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