The Economic and Financial Crimes Commission (EFCC), and Independent Corrupt Practices and other related offences Commission (ICPC), have asked an Abuja Federal High Court to dismiss a suit by Minister of State for Labour, Festus Keyamo, seeking the probe and prosecution of former Vice President, Atiku Abubakar.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
In the suit filed on January 20, Keyamo wants the court to, among others, compel the EFCC, ICPC and the Code of Conduct Bureau (CCB), to probe and prosecute Atiku following claims by one of his ex-aides, Michael Achimugu, that between 1999 and 2007 when Atiku was vice president, he conspired with ex-President Olusegun Obasanjo to rip the country off using ‘Special Purpose Vehicles’.
At yesterday’s hearing, lawyers to the EFCC and ICPC, Samuel Okeleke and Mrs. O B. Odogu, in their separate preliminary objections, faulted the suit’s competence and prayed the court to dismiss it.
Okeleke argued that Keyamo did not comply with requirements of the law in filing the suit, arguing that he should have first obtained the leave of the court in seeking to compel an agency of the government to act.
He contended that having failed to comply with the rules, the suit should not be accorded any attention.
Mrs. Odogu argued that Keyamo did not approach her agency properly, adding that the ICPC works discreetly.
“We do discrete investigation. He (Keyamo) gave us 72 hours ultimatum to investigate and prosecute the 1st defendant. That is not how we operate. We take our time to do discreet investigation,” she said.
Atiku’s lawyer, Benson Igbanoi, also faulted the suit’s competence while arguing the preliminary objection he filed for his client.
Igbanoi, who accused Keyamo of abuse of office, urged the court to decline jurisdiction on grounds that no cause of action was disclosed by the plaintiff. He urged the court to disregard the response filed against his preliminary objection by the plaintiff, arguing that it was filed outside the seven days allowed under the court’s rules.
Plaintiff’s lawyer, O. C. Uju, urged the court to dismiss the objections raised by the defendants and proceeded to hear the case on the merit.
Uju queried the competence of Atiku’s objection, arguing that it was filed when the court had not assumed jurisdiction over the case and before he could be served with the originating processes.
Justice James Omotosho, after entertaining the arguments by the lawyers, adjourned till June 5 for ruling on the preliminary objections.
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