The Federal High Court, Abuja on Monday, restrained the Economic and
Financial Crimes Commission (EFCC) from investigating Benue government
officials pending the determination of the substantive originating
summons.
The order of the court will hamstring EFCC from taking further steps
that will jeopardise a suit filed against it by the Benue government.
The Benue government had filed the suit after the agency allegedly froze its accounts on Aug. 7.
The vacation judge, Justice Nnamdi Dimgba, who inherited the suit
from another vacation judge said that he needed time to familiarise
himself with the suit before he could hear it.
Justice Dimgba adjourned the suit until Aug. 29 and ordered the EFCC
to stop the investigation of Benue government officials pending the
determination of the substantive originating summons.
The suit was filed in Makurdi by the state government’s counsel, Mr
Emeka Etiaba (SAN) who secured leave of court for the matter to be heard
by a vacation court on the grounds that it was urgent.
The suit was assigned to Justice Babatunde Quadri who on Aug. 9,
summoned the EFCC to appear in court on Aug. 14 before transferring the
matter to Justice Dimgba.
The commission in its response said it was only investigating some
officials of the state government, against whom some citizens made
allegations of diversion of public funds, money laundering and related
offences.
The EFCC said its activities in Benue were within its constitutional
powers. It faulted claim by the Benue State’s Attorney General that the
investigation being carried out amounted to usurping the functions of
House of Assembly.
It said its investigation in Benue was informed by petitions from
indigenes of the state, including former Commissioner of Police,
Abubakar Tsav and Joel Magnus, President of a group, Concerned Citizens
of Benue State Transparency Anti-Corruption Group, Gboko, Benue State.
It stated that the petitioners identified some officials of the state
government, whom they accused of diverting the state’s funds and
engaging in money laundering and other related financial crimes, a
development, which informed why the state has been unable to pay staff
salaries.
“In carrying out its onerous duties, the 1st defendant, being a
responsible agency of government, has employed the best practices of
extending invitation to concerned State Government functionaries through
high ranking government officials such as Secretary to the State
Government, Permanent Secretaries of relevant ministries/agencies,
Accountant General of the state and Liaison Officer, Benue State Liaison
Office, Abuja without resorting to crude and uncivilised methods.
“The 1st defendant is not investigating the
accounts and/or appropriation, disbursement and administration of funds
of Benue State Government. The 1st defendant is only investigating
economic and financial crimes, money laundering related offences
allegedly committed by some officials of Benue State Government.
“The ongoing investigation cannot result into a shutdown or grinding
to a halt, the activities of governance in Benue State as the 1st
defendant is not an army of occupation. Indeed, the 1st defendant has
not shut down government offices/business as it has been inviting
relevant state government officials to make statements and/or furnish
relevant documents as the need arises.
“The ongoing investigation can only result in restoring the
confidence of citizens of Benue State, who are calling for
accountability, transparency and probity in the affairs of government of
their state. It may well be that the outcome of investigation may prove
the allegations as baseless, which is in the interest of the government
of Benue State.
“That contrary to the depositions contained in paragraphs 12 13 of
the affidavit in support of the originating summons, the business of
governance of Benue State has not in any way suffered or been
destabilised consequent upon the ongoing investigation, as relevant
officials only report as the need arises, who report and make statements
and or bring relevant documents in furtherance of investigation.
“That contrary to the depositions contained in paragraphs 21, 22 and
25 of the affidavit in support of the Originating Summons, it is not
true that honouring invitations by relevant Benue State Government
officials in furtherance of ongoing invitation is distracting or causing
inconveniences to the officials invited, who by virtue of their offices
and responsibilities/duties, their statements are crucial to the
investigation, which is very painstaking.
“That contrary to the depositions contained in paragraphs 23 and 24
of the affidavit in support of the originating summons, the statutory
duties of the 1st defendant of investigating criminal allegations are
never in conflict with the constitutional duties of the 4th defendant,
hence there is no usurpation of the official functions of the 4th
defendant, whose constitutional duties are quite distinct and different
from the statutory duties of the 1st defendant.
“The 1st defendant has never interfered with the federal principles
relating to the tiers to the tiers of government, as the 1st defendant
is only discharging its statutory duties.
The Chief Press Secretary to Gov. Samuel Ortom, Terver Akase had
raised the alarm on Aug. 7 over the freezing of the state government’s
accounts by the EFCC before it was later unfrozen.
No comments:
Post a Comment
Disclaimer: Comment expressed do not reflect the opinion of African Parliamentary News