A Federal High Court in Abuja has restrained the Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police (IGP) and three others from proceeding with their renewed probe of Senate President Bukola Saraki.
Also to be affected by the restraining orders issued on Tuesday by Justice Taiwo Taiwo are the Department of State Services (DSS), the Independent Corrupt Practices and other related offences Commission (ICPC) and the Code of Conduct Tribunal (CCT).
Justice Taiwo gave the orders in two rulings delivered two ex-parte motions filed by Saraki along with two fundamental rights enforcement applications, marked: FHC/ABJ/CS/507/2019 and FHC/ABJ/CS/508/2019.
The orders, according to the judge, are to subsist pending the hearing and conclusion of the two fundamental rights suits by Saraki.
Arguing the ex-parte motions, Saraki’s lawyer, Sunday Onubi, said unless restrained, the respondents would cause irreparable damages to the applicant’s rights before the substantive suits were heard.
Onubi prayed the court “for an order directing the respondents, by themselves, their servants, agents, privies or officers to stay all actions in connection with the subject matter of this suit, pending the hearing and determination of the originating motion on notice.”
He said the motion was supported by 37 paragraphs affidavit, deposed to by the applicant (Saraki), with four exhibits attached, marked ABS 1, to ABS 4
Onubi said he also filed another 37 paragraphs affidavit of urgency, with four exhibits.
He made similar argument in relation to the other ex-parte application.
In his first 3 ruling, Justice Taiwo said: “There is no doubt that the Fundamental Rights Enforcement Procedure Rules 2009 is a special proceeding with its stated rules and procedure.
“By the provision of Order 4(3) of the Fundamental Rights-Civil Procedure Rules, 2009, the court may, if satisfied that hardship may be caused to the applicant before the service of an application where liberty or life of the applicant is involved, hear the application ex parte upon such interim reliefs as the justice of the application may demand.
“There is no doubt that, in making the interim reliefs or orders, the court is guided, even in its exercise of its discretion judicially and judiciously applied by the law and statues.
“Here comes in the rules and of course, the Constitution of the Federal Republic of Nigeria.
“One of the considerations, which is paramount, is the hardship the applicant may go through, between the service of the processes and the hearing of the main motion, amongst others.
“I have gone through the affidavit in support of the ex parte application particularly paragraphs 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35.
“I also duly considered the averments in the affidavit of urgency and all the exhibits attached.
“I am of the view, after due consideration of the aforesaid averments, that this court ought to make the order being sought by the applicant pending the hearing and determination of the orignating motion on notice.
“To do otherwise and not to restrain the respondents by asking them not to stay actions will result in the court being faced with a fait accompli.
“I further come to my conclusion that the applicant is entitled to this order in view of the trite law that once the court is seized of a matter, parties are bound not to do anything that will make nurgatory any order of the court by staying action.
“This is akin to ordering that parties maintain the status quo. However, the court must make a positive order.
“Therefore the application made ex parte pursuant to the law, succeeds. The respondents are hereby directed, either by themselves, their servants, agents, privies or officers to stay all actions in connection with the subject of this suit pending the hearing and determination of the origination motion on notice.
“I further order that the respondents shall be served fort with the originating processes and they shall file, within five days of being served, their responses.
“The hearing is fixed for May 23”, the judge said.
Justice Taiwo made similar pronouncement in relation to the second motion.
NUC, NYSC to block ‘fake’ foreign-trained graduates from service
The National Universities Commission (NUC), in collaboration with the National Youth Service Corps (NYSC), on Tuesday said it had put measures in place to block fake foreign-trained graduates from partaking in the compulsory one-year national service.
The NUC said it would continue to ensure the credibility of certificates issued by Nigerian universities and block fake foreign-trained graduates coming into the country.
Its Executive Secretary, Prof. Abubakar Rasheed, spoke when the NYSC Director General, Brig.-Gen. Shuaibu Ibrahim, visited him at the commission’s headquarters in Abuja, the nation’s capital.
A statement in Abuja by the NYSC Director of Press and Public Relations, Adenike Adeyemi, regretted the challenges in vetting the certificates obtained from universities established by Nigerians outside the country.
The NUC chief said many universities produce quality graduates while some produce graduates who cannot defend their certificates.
He said the commission had not approved the degrees of some online universities operating in the country.
Rasheed added that the commission had approached the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to shut down some illegal universities operating in Nigeria.
“NUC and NYSC must work together to help the country in producing quality graduates. The NUC will continue to certify the credibility of certificates obtained from Nigerian universities,” he said.
The NYSC DG said the scheme will not issue Certificate of National Service to unqualified graduates.
Eid-el-kabir: FG declares Monday, Tuesday public holidays
The Federal Government has declared Monday 12th and Tuesday 13th August as Public Holidays to mark the 2019 Eid-Al-Kabir celebrations.
The Permanent Secretary, Ministry of Interior, Barr. Georgina Ehuriah, who made the declaration on behalf of the Federal Government, congratulated the Muslim faithful on the occasion .
She called on all Nigerians, at home and in diaspora, to use the period of this year’s Eid-Al-Kabir celebration to embrace the virtues of love, humility, peace and sacrifice as exemplified by the Holy Prophet Mohammed.
She urged Nigerians to shun any form of disruptive tendencies and join hands with the Federal Government to build a peaceful, strong and united Nigeria so as to achieve an enviable Next Level of growth and development.
According to a statement by Director (Press & Public Relations), Mohammed Manga, the Permanent Secretary reaffirmed the determination of the President Muhammadu Buhari led-administration to protect the lives and properties of Nigerians, adding that Security Agencies under the Ministry have been directed to ensure the provision of adequate security, before, during and after the Eid-Al-Kabir celebrations.
She restated government’s desire for all Nigerians to live a life of sacrifice, charity and love for one another.
Bar. Ehuriah wished Nigerians a happy, peaceful and fulfilling Eid-Al-Kabir celebrations.
N9.9b fraud: Court freezes Lagos accounts
THE Federal High Court in Lagos on Tuesday ordered the freezing of three accounts belonging to the Lagos State Government over an alleged N9.9 billion fraud.
Justice Chuka Obiozor made the order following an ex-parte application by the Economic and Financial Crimes Commission (EFCC).
He ordered the accounts’ “suspension” pending conclusion of investigation and possible prosecution of the Permanent Secretary in the Office of the Chief of Staff to the Governor, Adewale Adesanya.
The accounts are domiciled in First City Monument Bank (numbered 5617984012), Access Bank (0060949275) and Zenith Bank (1011691254).
In a supporting affidavit, an EFCC investigator, Kungmi Daniel, said the commission discovered huge inflow of N9,927,714,443.29 from the state accounts into the FCMB account.
He said the account, operated by Adesanya, was opened last September 17 during the Akinwunmi Ambode administration.
According to the deponent, investigators found that Adesanya and other signatories made fraudulent transfers from the state’s accounts and dissipated the funds.
“The trend is that the account always witnessed huge inflow from Lagos State Government in the above scheduled accounts managed by the respondent (Adesanya).
“There have been concerted efforts and attempts to dissipate the contents of the accounts listed in the schedule to this application.
“Without freezing the nominated accounts and temporarily forfeiting the money to the Government of the Federal Republic of Nigeria, there is no way the fraud being perpetrated using the scheduled accounts can be stopped,” the EFCC said.
EFCC counsel Mohammed Abbas urged the court to grant the order temporarily attaching the accounts to enable it to conclude its investigations.
Justice Obiozor granted the prayers and adjourned till Friday.
Some legal sources wondered last night why the victim, the state government, is being made to suffer while those suspected to be involved in the matter are left untouched.