Verdict on Matawalle’s suit against EFCC due August 30
A Federal High Court in Abuja has fixed August 30, 2023, as the date for delivering a judgment in the lawsuit filed by former Governor of Zamfara State, Bello Matawalle.
The case pertains to Matawalle’s efforts to halt an ongoing investigation against him by various entities.
In the amended originating summons, the State Security Service, Nigeria Police Force, Independent Corrupt Practices and other related offences Commission, Economic and Financial Crimes Commission, Nigerian Immigration Services, and the Attorney General of the Federation are named as the first to sixth defendants respectively.
Matawalle, in his suit, sought a formal declaration from the court regarding the judgments rendered by Justice Aminu Aliyu on May 31, 2023, in Suit No: FHC/GS/CS/30/2021.
This particular suit was between the Zamfara government, the EFCC, and others. Matawalle contends that the fourth defendant lacks the authority to conduct investigations, initiate charges, or take any similar actions against him, his family, associates, or contractors. This pertains to the money or funds belonging to the Zamfara State Government.
Additionally, based on the judgment and the provisions outlined in sections 4, 6, and 7 of the Zamfara State Anti-Corruption Law No. 12, 2021, Matawalle sought for a court declaration affirming that the exclusive authority and power to conduct investigations into alleged corrupt practices or financial crimes during his tenure as Governor rest solely with the Zamfara State Anti-Corruption Commission.
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Supporting the originating summons, Matawalle’s counsel, Kehinde Akinlolu, SAN, argued that the allegations made against his client are entirely fabricated. He asserted that the allegations were designed to tarnish Matawalle’s reputation and undermine his ability to lead effectively.
Akinlolu further argued that all contracts awarded during Matawalle’s time as Governor of Zamfara State strictly followed due legal processes. He emphasized that these contracts were properly documented and that comprehensive records were maintained.
The crux of Akinlolu’s argument is that unless restrained, the defendants, particularly the fourth defendant, could resort to arresting, detaining, and prosecuting Matawalle. Such actions would, according to Akinlolu, be in direct violation of the prevailing Zamfara State Anti-Corruption Law and Matawalle’s constitutionally guaranteed right to a fair hearing.
During the court proceedings, O.A. Aderohumu, the counsel for the first defendant, requested that the State Security Service’s name be struck out from the suit.
On the other hand, M. K. Hussein, the counsel for the fourth defendant, vehemently urged the court to dismiss the entire suit. Hussein characterized the suit as unconstitutional and devoid of merit. However, legal representatives for the third and sixth defendants were conspicuously absent during the proceedings.
In a brief oral application, the representative of the fifth defendant, M. B. Kannap, invoked Section 31 of the Immigration Act 2015. This section endows the Nigerian Immigration Services with the authority to prevent the departure of individuals who have not yet satisfied a court order or against whom an arrest warrant has been issued.
Presiding Judge Ahmed Mohammed, in his closing statement, announced that he would withhold judgment on the matter until August 30, 2023, thereby reserving the court’s ruling for that later date.
