…as Abia APC chieftain seeks arrest of EFCC Chairman, lawyer
Justice Musa Liman of the Federal High Court in Abuja has berated the Economic and Financial Crimes Commission, EFCC, over its refusal to obey an order directing its armed officials to vacate a property in dispute.
The court slammed the anti-graft agency which it said had through suppression and misrepresentation of material facts, deceived it to issue an ex-parte order in its favour on March 27.
The court had on the strength of an application by the Commission, issued an order that directed a Chieftain of the All Progressives Congress, APC, and a former governorship candidate in Abia State, High Chief Ikechi Emenike, to vacate the premises situated at House 6 Also Drive, Asokoro, Abuja.
The EFCC had informed the court that the property was finally forfeited to the Federal Government as proceeds of an unlawful act by a former Minister of Petroleum Resources, Mrs. Deziani Allison-Madueke.
The agency, in its motion dated November 17, 2024, anchored its request to take possession of the property on a judgement it said was handed to it on October 22, 2022, by trial Justice M. O. Olajuwon.
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However, shortly after he was evicted from the property, High Chief Emenike re-approached the court with evidence to show that the EFCC failed to disclose that he had been paying rent to the Commission for the property which he had been living in for over 10 years.
The APC chieftain further told the court that there is a subsisting judgement from a High Court of the Federal Capital Territory, FCT, which gave him a Right of First Refusal after it held that the EFCC had no legal right to keep any forfeited property to itself for whatever use.
The court, in the said judgement, stressed that the only option the law gave the EFCC was to sell the property and remit the proceeds to FG’s Single Treasury Account.
It held that as a sitting tenant, the Commission ought to give the plaintiff the Right of First Refusal.
The plaintiff told the court that though the EFCC had after a meeting he held with its former Chairman, Mr. Abdulrasheed Bawa, agreed to reevaluate and sale to him, it later decided to keep the property for itself.
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He alleged that instead of appealing against the judgement of the high court, the agency filed an ex-parte order before another court where it secured an eviction order it relied upon to throw out his family and take possession of the house.
Meanwhile, after he had appraised the situation, Justice Liman voided the ex-parte order and directed the EFCC to immediately vacate the property.
The court equally directed that the order should be served on the Chairman of the EFCC, Mr. Ola Olukayode, by pasting it on the walls and gate of the premises.
However, a bailiff of the court that went to execute the order was chased away by armed security operatives.
Irked by the development, Justice Liman, in a ruling on Friday, accused the EFCC of treating an order of the court with disdain.
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He held that the court would no longer hear any application from the anti-graft agency until it purged itself of the contemptuous act.
“The law is no respecter of any person. If order of the court can be treated with disdain by an agency of tye government, then there will be nothing left but for persons to take law into their own hands.
“Disobedience to a court order is injurious to the Rule of Law and can lead to anarchy.
“Where a party has refused to obey court order, the court cannot exercise discretion in favour of such a party.
“Therefore, this court will deny the Applicant (EFCC) further audience till it purge itself of the contempt,” Justice Liman added.
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He held that the May 16 order of the court that directed that the Respondent (High Chief Emenike) should be allowed access into the building, remained extant.
Consequently, Justice Liman declined to hear a motion on notice the EFCC filed to stay the execution of the judgement in suit No. FHC/ABJ/CS/1123/2021, which was in favour of the Respondent.
Meantime, the Respondent, through his team of lawyers led by Mr. Obi Nwakor, has filed a motion for the court to issue a bench warrant for the arrest of the EFCC Chairman and a lawyer that represented the Commission in the matter, Mr. Francis Usani, “for brazen and grievous acts of contempt of resisting and obstructing the Sheriffs of this court from the execution of orders of this honourable court in this suit, made on the 16th day of May 2025.”
He further applied for an order of the court, directing the Inspector General of Police to take the duo “into custody with immediate effect for the purpose of bringing them before the court to show cause why they should not be committed to prison for brazen and grievous contempt of court.”
(VANGUARD)