The Abuja Division of the Federal High Court, on Monday, dismissed the suit seeking to compel anti-graft agencies in the country to arrest and prosecute a former Vice President and candidate of the Peoples Democratic Party, PDP, in the recent presidential election, Alhaji Atiku Abubakar.
The court, in a judgement that was delivered by Justice James Omotosho, held that the suit, which was filed before it by the immediate past Minister of State for Labour and Employment, Mr Festus Keyamo, lacked merit.
Justice Omotosho held that the plaintiff was unable to disclose any reasonable cause of action in the suit to warrant the court to exercise its discretion in his favour.
Besides, the court held that the suit was premature, stressing that Keyamo failed to allow the relevant law enforcement agencies to investigate the allegation he raised against Atiku before he rushed the matter to court.
Consequently, it dismissed the suit for want of competence.
Meanwhile, in a swift reaction, Keyamo, through a statement that was signed by the Assistant Head of his Chambers in Abuja, Mr. John Ainetor, vowed to appeal against the judgement.
Keyamo said he disagreed with the decision of the court, insisting that “the law-enforcement agencies did not indicate their willingness to commence investigations, even if they were given more time.”
“We want to establish a legal principle that the society cannot wait as infinitum for law-enforcement agencies to do their statutory duties.
“The suit was designed to prompt the agencies to show their readiness to investigate.
“We are immediately filing an appeal against the said decision to the Court of Appeal as the struggle on this issue continues,” the statement further read.
It will be recalled that Keyamo had in the Writ of Summons he filed before the court, maintained that the former Vice President, Atiku, had a case to answer, following a disclosure that he colluded with others to fleece the country of public funds, using what was termed as “Special Purpose Vehicles”, SPVs.
The plaintiff instituted the court action on January 20, after a 72-hour ultimatum he handed to relevant anti-graft agencies to investigate the allegation, expired.
Keyamo contended that the PDP candidate ought to have been invited and quizzed by relevant security agencies, based on indicting revelations and evidence that were released by a whistleblower, Mr. Michael Achimugu.
Cited as 2nd to 4th Defendants in his suit marked: FHC/ABJ/CS/84/2022, are the Code of Conduct Bureau, CCB, the Independent Corrupt Practices and other related offences Commission, ICPC, and the Economic and Financial Crimes Commission, EFCC.
Basically, Keyamo, who served as the Director of Public Affairs of the Presidential Campaign Council, PCC, of the ruling All Progressives Congress, APC, sought a declaration of the court that Atiku, “is under a legal obligation to make available to the 2nd, 3rd and 4th Defendants, for the purpose of aiding their investigation, information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a : Special Purpose Vehicles’ to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.
He further wanted a declaration that the 1st defendant, Atiku, was under a legal obligation to submit himself to the 2nd, 3rd and 4th Defendants for a thorough investigation in connection with information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a ‘Special Purpose Vehicles’ to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.
“A declaration of this Honourable Court that the 2nd, 3rd and 4th Defendants are under a legal obligation to invite and/or arrest, investigate and (if found wanting) prosecute the 1st Defendant in respect of the information available to the 1st Defendant in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as ‘Special Purpose Vehicles’ to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.
“A mandatory order of this Honourable Court compelling the 1st Defendant to make available to the 2nd, 3rd and 4th Defendants, for the purpose of aiding their investigation, information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a ‘Special Purpose Vehicles’ to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.
“A mandatory order of this Honourable Court compelling the 1st Defendant to submit himself to the 2nd, 3rd and 4th Defendants for a thorough investigation in connection with information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a ‘Special Purpose Vehicles’ to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria”.
As well as, “A mandatory order of this Honourable Court compelling the 2nd, 3rd and 4th Defendants to invite and/or arrest, investigate and (if found wanting) prosecute the 1st Defendant in respect of information available to the 1st Defendant in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as ‘Special Purpose Vehicles’ to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria”.
The court, on Monday, dismissed all the prayers.
