- An Abuja Federal High Court has summoned EFCC for freezing accounts of Benue and Akwa Ibom states
- The court also directed Benue government to serve all the relevant processes in the suit on the EFCC
- EFCC had on Wednesday, August 8, froze the account of Benue state government
The Federal High Court in Abuja on Thursday, August 10, ordered the Economic and Financial Crimes Commission (EFCC), to appear before it over the freezing of the Benue state government account.
PM News reports that the vacation judge, Justice Babatunde Quadri, gave the order after listening to submissions by counsel to Benue government, Emeka Etiaba (SAN).
Legit.ng gathered that other defendants in the suit are the speaker of Benue House of assembly, the clerk, Benue House of assembly, Benue House of Assembly, and the auditor general of Benue state.
The court further directed the state government to serve all the relevant processes in the suit on the EFCC and other respondents before the next adjourned date.
Etiaba said the suit was filed in Makurdi, but he secured the leave of court for the matter to be heard by a vacation court due to its urgent nature and since there was no vacation court in Makurdi.
Etiaba prayed the court to issue a preservative order restraining the EFCC from investigating the accounts of the state under any guise.
This, he said was particularly without due authorization of the Benue House of assembly in line with Sections 128 and 129 of the Constitution.
The plaintiff also wants the court to determine among others: “Whether by virtue of Sections 6, 7 and 38(1) of the EFCC Act 2004 or any other law, the EFCC or any other body has the power to investigate or inquire into the accounts of Benue government.
“This is having regards to the clear provisions of Sections 1 ( 1) and (3), 125(2), (4) and (6), 128 and 129 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Upon favourable determination of the questions, the plaintiff is seeking a declaration that by the provisions of Sections 6, 7 and 38(1) of the EFCC Act and any other law, the EFCC or any other body does not have the power to inquire into the accounts of Benue government.
“A declaration that in the absence of any resolution duly passed by the Benue House of Assembly pursuant to Sections 128 and 129 of the Constitution authorizing the EFCC or any other body to investigate the accounts of Benue Government, the EFCC or any other body cannot commence or continue investigations with respect thereof.’’
The plaintiff also wants an order of perpetual injunction restraining the defendants from surrendering or sharing their powers of control over public funds of Benue as provided under Sections 128 and 129 of the Constitution to any other body, authority or person.
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The matter was adjourned until August 14th for hearing.
Meanwhile, Legit.ng had previously reported that the Economic and Financial Crimes Commission (EFCC) froze the bank accounts belonging to the government of Benue state after it was said to have secured a court order for this.
It was reported that the government’s accounts were frozen on the claim that Governor Samuel Ortom’s security vote was being investigated.
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