Saraki Vs EFCC, ICPC: Court Fixes Date to Hear Suit
A Federal High Court, Abuja, on Thursday, fixed July 27 for further mention of a suit filed by former Senate President, Bukola Saraki, against the Economic and Financial Crimes Commission, EFCC, and others.
Justice Inyang Ekwo adjourned the matter to enable parties file and exchange their processes in the suit.
The development followed the non-appearance of counsel for the 1st, 2nd, 3rd and 4th respondents in the case.
The News Agency of Nigeria, NAN, reports that while Saraki is the applicant, the Attorney General of the Federation, AGF, Inspector-General of Police, IGP, and State Security Service, SSS, are 1st to 3rd defendants respectively.
Others are EFCC, Independent Corrupt Practices and Other Related Offences Commission, ICPC, and Code of Conduct Bureau, CCB, as 4th to 6th respondents respectively.
NAN reports that the EFCC had, in 2019, said it would probe Saraki’s earnings between 2003 and 2011 when he was governor of Kwara.
The commission was reported to have seized some of his houses in the Ikoyi area of Lagos then.
However, Mr Saraki, on May 10, 2019, filed two separate suits marked: FHC/ABJ/CS/507/19 and FHC/ABJ/CS/508/19 respectively before Justice Taiwo Taiwo to challenge the action of the EFCC.
Justice Taiwo, who was the presiding judge, ruled on an ex parte application filed along with the substantive suits.
The judge ordered the anti-corruption agency (4th respondent) and the other five respondents to the suits to stay action on the probe pending the hearing and determination of the motion on notice filed by the applicant.
The order was granted after Sunday Onubi, Saraki’s lawyer, moved the application, on May 14, 2019.
The court had directed the parties to maintain the status quo by suspending the probe.
But the EFCC later applied that the judge should recuse himself and the matter be transferred to another court.
Justice Taiwo sent back the case file to the chief judge and the matter was reassigned to Justice Anwuli Chikere for adjudication.
When the matter came up on July 14, 2021 before Justice Chikere, EFCC Counsel, Chile Okoronkwo, complained that Taiwo’s order had hindered the agency “from performing its duty for about two years now.”
The lawyer, who stated that Mr Saraki continued to hinge on the order of the court any time he is invited, urged the court to vacate the order.
But the suits were reassigned to Justice Ekwo following the retirement of Chikere.
Upon mentioning the matter on Thursday, Saraki’s counsel, Lukaman Saidu, informed that the matter was slated for further mention.
No lawyer, however, appeared for AGF, I-G, SSS and EFCC.
Justice Ekwo then asked him if the hearing notices for the proceeding were served on the respondents.
Mr Saidu confirmed that all processes had been served on the respondents.
Lawyer to the ICPC, O. A. Ikupolati told the court that the commission filed a notice of preliminary objection in 2019 with a counter affidavit.
Also counsel for CCB, Ekenma Okafor, spoke in the same vein.
She said the agency also filed a notice of preliminary and counter affidavit to Saraki’s applications.
When Ekwo asked if Saidu had received any process from 1st, 2nd, 3rd and 4th respondents, the lawyer said only the 4th, EFCC, defendant had responded to their motions.
The judge then adjourned the matter until July 27 for further mention, directing that hearing notices be issued and served on 1st, 2nd, 3rd and 4th respondents.