FORMER Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mr. Andrew Yakubu, who purportedly reserved over N3billion at his visitor house arranged at Sabon Tasha, Kaduna State, has dragged the Economic and Financial Crimes Commission, EFCC, under the steady gaze of the Federal High Court in Abuja, requesting open expression of remorse and N1billion as harms for his proceeded with detainment.
Yakubu was Group Managing Director of the NNPC in the vicinity of 2012 and 2014. He was sacked by the organization of previous President Goodluck Jonathan for asserted rebellion and defilement.
It will be reviewed that EFCC agents assaulted his home after a tip-off by a shriek blower. The office revealed that it had over the span of the operation, found the total of $9.7m and £74,000 that Yakubu stowed away in a flame resistant safe inside the house.
Kano Division of the high court prior conceded a request of relinquishment of the recuperated cash to the Federal Government, a choice which Yakubu had through his group of legal advisors drove by Mr. Ahmed Raji, SAN, requested that the court put aside and give back the seized cash to him.
Aside demanding that the claimed recuperated plunder was an amassing of financial endowments that were given to him extra minutes, the previous NNPC supervisor questioned the regional purview of the Federal High Court in Kano to honor responsibility for cash to FG.
In the mean time, taking after his proceeded with confinement, Yakubu, stopped a new suit against the counter join office before the Abuja Division of the high court, asserting that his central human rights were disregarded.
In an application he recorded in accordance with Order 8 Rule 4 of the Fundamental Rights Enforcement Procedure Rules, Yakubu, asked the court to pronounce that he was qualified for poise of his individual, individual freedom, opportunity of development, private and family life as typified in the 1999 Constitution, as revised.
He encouraged the court to announce that his proceeded with confinement by the EFCC without being charged to court or being permitted to finish his medicinal registration in the United Kingdom added up to an infringement of his own rights.
Thus, in addition to other things, he supplicated the court to not just request his quick discharge from EFCC care, yet to similarly issue request of interminable directive limiting the organization from further keeping him unlawfully.
All the more in this way, he needs the court to arrange the EFCC and the Attorney-General of the Federation, Mr. Abubakar Malami, SAN, who are respondents in the suit, to delicate an open expression of remorse to him in two broadly distributed national daily papers for the infringement of his rights.
All things considered, EFCC, in a counter-affirmation it recorded under the steady gaze of the court, looked for an expulsion of the suit which it said was terribly vexatious and uncouth.
The office, in an affirmation dismissed to by one of its agents, Mr. Waziri Adamu, told the court that it was all the while exploring Yakubu’s contribution in different demonstrations of authority defilement, focusing on that the recuperated plunder were not “unimportant endowments”, but rather continues of wrongdoing.
It told the court that the candidate was an open officer who was explicitly banished from tolerating that sort of money related blessing under any pretense, including that the hunt at Yakubu’s home was led on the premise of a truly marked warrant.
The organization in this manner asked the court to dismiss the application in light of a legitimate concern for equity, saying the previous NNPC supervisor was equipped for truncating its continuous examinations if discharged from care. Interim, trial Justice Ahmed Mohammed has dismissed the matter until March 9 for hearing.
Yakubu had contended that FG did not have the privilege to claim the cash recouped from his home on the premise of the February 13 relinquishment arrange which he said the court made without ward.
As per him, the court was deprived of the regional locale to engage the movement that finished to the relinquishment arrange since it identified with a wrongdoing that was charged dedicated in Abuja.
Raji, SAN, battled that passing by segment 45 of the Federal High Court Act, an offense ought to be attempted just by a court practicing locale in the range or place where the offense was conferred.
“No aspect of the perceived offence in respect of which the Order of February 13, 2017 was made, was committed within the Kano judicial division of this Honourable Court”, Raji argued.
He additionally kept up that FG did not have the locus-standi to look for the interval request of the court for the cash to be relinquished to it.
“By Section 28 of the EFCC Act, only the commission, i.e. the EFCC has the vires to seek an order for the interim forfeiture of property under the Act.
“The power of this Honourable Court to make interim forfeiture order(s) pursuant to sections 28 & 29 of the Economic and Financial Crimes Commission Act, 2004 (herein after referred to a “EFCC Act”) is applicable only to alleged offences charged under the EFCC Act and not to offences cognizable under any other law.
“The ex-parte order of this honourable court dated February 13, 2017, was made in respect of alleged offences under the Independent Corrupt Practices and other Related Offences Commission Act (herein after “ICPC Act”) and not the EFCC Act as prescribed by section 28 & 29 thereof.
“The conditions precedent to the grant of an interim forfeiture order under sections 28 & 29 of the EFCC Act were not complied with by the Applicant (FG) before the Order was made”, he submitted.
