The Federal High Court, Abuja, says Kaduna State Governor, Nasir
El-Rufai, cannot stop the Economic and Financial Crimes Commission
(EFCC) from investigating him.
Justice Binta Nyako said this while delivering the judgment, on Friday, in a suit no: FHC/ABJ/CS/60/09 filed by El-Rufai.
The governor was seeking the court’s determination whether as the
then Minister of the Federal Capital Territory (FCT), he had complied
with the guidelines approved by the Federal Executive Council (FEC) for
the sale of Federal Government houses between May 2005 and May 2007.
News Agency of Nigeria (NAN) reports that while El-Rufai was the
applicant, the defendants from 1st to 13th include: EFCC, FCT minister,
FCDA, AGF, CBN, Oceanic Bank, Access Bank, Intercontinental Bank, Aso
Savings and Loans Ltd, Union Homes, Akintola Williams Deloite and Aminu
Ibrahim & Co.
In the originating summon brought pursuant to Section 302 of 1999
Constitution and Section 3 and 18 of the FCT Act 1990, El-Rufai also
sought court’s determination: “whether the proceeds of the sale of
Federal Government houses in the FCT between May 2005 – May 2007 were
properly accounted for or not in accordance with the FEC mandate and
guidelines to the Federal Capital Territory Authority (FCTA).
“Whether the sum of N32 billion (or any sum whatsoever) is missing
from the proceeds of the sale of Federal Government Houses in the FCT
between May 2005 and May 2007.”
The Kaduna State Governor also sought the court’s relief on “a
declaration that the sale of Federal Government houses in the FCT was
conducted in accordance with the Federal Executive Council mandate to
the FCTA through the Ad hoc Committee for the sale of non essential
houses in Abuja.
“A declaration that the proceeds of the sale of the said Federal
Government houses conducted by the Ad hoc Committee on SOGH in Abuja
between 2005 and 2007 were properly accounted for in accordance with the
mandate and guidelines approved by the FEC.
“A declaration that the Audit Report prepared by the 12th and 13th
respondents on the sale of Federal Government Houses in the FCT confirm
that the Sale of Federal Government houses in FCT compiled with the
approved guidelines for the sale of Federal Government properties in FCT
and the proceeds were properly accounted for.
“A declaration that the proceeds of sale of Federal Government Houses
in FCT between May 2005 and May 2007 were properly apportioned and
accounted for in accordance with the approved guidelines as confirmed by
the Audit Report of the 12th and 13th respondents, dated July 20, 2007.
“A declaration that the sum of N32 billion (or any sum whatsoever)
from the proceeds of the sale of Federal Government of Nigeria Houses in
FCT between May 2005 and 2007 is not missing.
“An order directing the 2nd respondent to disclose the exact amount
remitted to the 5th respondent as the proceeds of the sale of Federal
Government houses in the FCT between May 2005 and May 2007.
“An order directing the 5th respondent to disclose the exact amount
received from the 2nd respondent as the proceeds of the sale of Federal
Government houses in the FCT between May 2005 and May 2007.”
NAN recalls that Justice Nyako had earlier, in her judgment, granted El-Rufai’s prayers.
However, in the Friday judgment, the judge noted that the EFCC had
called the court’s attention to its counter-affidavit in objection to
the prayers.
The anti-graft agency, in its counter-affidavit, had submitted that
the motive of the applicant was to stop the commission from
investigating him in order to cover up the alleged fraud perpetrated
when he was FCT minister.
Justice Nyako, who held that the earlier judgment delivered still
stands, however, declared that no court would stop the EFCC from
investigating anyone in line with its constitutional mandate.
“No court, including this one, will allow itself to be used to shield
anybody from being investigated by the 1st respondent,” the judge held.