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| Former Zamfara State Governor, Abdulaziz Yari |
A Federal High Court in Abuja has ordered parties in a suit by ex-Zamfara State Governor, Abdulaziz Yari, to exercise restraint and await the court’s determination of the case.
Yari, in the fundamental rights enforcement suit, marked: FHC/ABJ/CS/948/2019, is challenging the propriety of a purported plot by the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC) to seize is assets and freeze his accounts.
He also accused the respondents – the AGF and EFCC – of seeking to deploy Executive Order Number 6 in the plot to confiscate his property and freeze his accounts and prayed the court to restrain them on the grounds that their planned action would breach his rights to own property.
The court, on August 26, 2019 heard an ex-parte motion by Yari, but elected to order the respondents to show cause why the reliefs sought by the ex-governor should not be granted and adjourned until August 30, 2019.
When parties returned to court on Friday, Yari’s lawyer, Mamud Magaji (SAN), said although he was happy that the respondents were in court, but noted that they did not fully comply with the court’s order to the effect that they must file their responses within 48 hours.
Lawyer to the AGF, Abdulahi Abubakar, said his client was not aware of the facts of the case and has decided to rely of the affidavit to show cause, containing facts of the case, as filed by the EFCC.
Abubakar said the AGF has also, in compliance with the court’s order, filed a counter-affidavit to the applicant’s originating application, in which it, among others, queried the competence of the suit.
Lawyer to the EFCC, Mrs. Hussaina Gambo, confirmed that the commission, in compliance with the court’s order, filed a counter affidavit.
Mrs. Gambo said her client was served with the court’s order on August 28, 2019, but was only able to file its response by 12noon on Friday.
She told the court that, as against the apprehension expressed by the applicant, no steps have been taken by the EFCC to “truncate the administration of justice.”
Mrs. Gambo added that even with the pendency of Yari’s case, the EFCC could still proceed to conduct its investigation, adding that the conduct of investigation by her client cannot amount to a violation of the applicant’s rights.
Responding, Magaji observed that from what the EFCC’s lawyer said, his client was not free from possible arrest and detention by the respondent before parties return to court again.
“From what she has said, we still need further order of this court because what she said may mean that arresting or inviting the applicant,” Magaji said and proceeded to cited decisions of the appellate court to support his position.
He argued that the respondents can no longer take any further steps in respect of the case because parties are now all before the court and have submitted to the court’s jurisdiction.
Magaji prayed the court to order parties to maintain status quo and refrain from taking any action in relation to the issues in dispute pending the court’s determination of the case.
He noted that, having joined issues, none of the parties is expected to take any step that will pervert the administration of justice until the issue is fully determined.
Ruling, Justice Evelyn Maha agreed with Magaji that, since the respondents did not file and serve their responses on time, the applicant is entitled to time to respond.
Justice Maha directed parties to exercise restraints and refrain from taking steps that will impede the administration of justice as it relates to the instant suit.
She adjourned until September 5, 2019 for hearing.
The AGF, in the counter affidavit, prayed the court not to grant the reliefs sought by the ex-governor in the main suit and argued that granting same was capable of encouraging corrupt practices.
The AGF justified powers of all security agencies, including the EFCC, to investigate, arrest and detain anyone found to have been engaged in the commission of a crime.
“If this court grants the relief of the applicant, the doors of corruption will thrive and consequently put the corporate existence of Nigeria in jeopardy,” AGF said.
