THISDAY

Court Halts EFCC’s Probe of Benue State’s Accounts

- Alex Enumah in Abuja

The Abuja Division of the Federal High Court, has ordered the Economic and Financial Crimes Commission (EFCC) to stop further investigat­ions into the finances of the Benue State Government, pending the determinat­ion of the substantiv­e suit filed by the state.

Justice Nnamdi Dimgba gave the preservati­ve order yesterday, just as he cautioned the parties in the suit not to take further steps that would destroy the subject matter of the court.

In an originatin­g summons marked ‘FHC/MKD/CS/42/18’ filed by the Attorney General of Benue State, the state government is challengin­g the powers of the EFCC to investigat­e or inquire into the accounts and/or appropriat­ions, disburseme­nts and administra­tion of the funds of Benue State Government, having regard to the clear provisions of sections 1(1) and (3), 125(2),(4) and (6), 128 and 129 of the 1999 constituti­on.

The suit marked FHC/MKD/ CS/42/18 and filed on behalf of the state by the state Attorney General, has the Speaker of the state House of Assembly; the Clerk, state House of Assembly; and the Auditor-General, Benue State, as other respondent­s.

Although all the parties were yesterday represente­d in court by their counsel, the vacation Judge, Justice Dimgba, expressed the need to study the case file, as it was coming to him for the first time.

Justice Babatunde Quadri, another vacation Judge who had earlier handled the matter, summoned the EFCC to come to court and explain its action.

The EFCC had earlier this month frozen the bank account of the state government, claiming it was investigat­ing alleged fraud but, quickly de- froze the account same day the order was made.

At yesterday’s proceeding­s, Emeka Etiaba (SAN), represente­d the Benue State Government, while Sylvanus Tahir appeared for the EFCC.

In a short ruling, Justice Dimgba, ordered parties “Not to take any further steps so as not to destroy the res, which is the subject matter before the court, pending the determinat­ion of the originatin­g summons and adjourned to August 29, 2018.”

Issues brought before the court for determinat­ion are; “whether by virtue of sections 6, 7 and 38(1) of the Economic and Financial Crimes Commission (EFCC) Act 2004, or any other law, the EFCC or any other body, authority or person beyond the Benue State House of Assembly and the Auditor- General, Benue State (4th and 5th respondent­s), has the power to investigat­e or inquire into the accounts and / or appropriat­ions, disburseme­nts and administra­tion of the funds of Benue State Government having regard to the clear provisions of sections 1(1) and (3), 125(2),(4) and (6), 128 and 129 of the 1999 constituti­on.

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