A Senior Advocate of Nigeria (SAN) and former lawyer to the Economic and Financial Crimes Commission (EFCC), Godwin Obla, has faulted his invitation by the Economic and Financial Crimes Commission over his alleged default in tax payment.
In the letter addressed to the Head, Legal Unit of the EFCC, and the acting Chairman Ibrahim Magu, Obla contended that it was a disrespect to the court for the commission to take any further action on the case in view of the pending order restraining the EFCC and the Federal Inland Revenue Service (FIRS) from further actions pending the determination of the suit.
By a letter dated October 2, 2018, written through his lawyer, Dr. Joshua Musa (SAN), Obla argued that it was contemptuous of the EFCC to invite him over the tax dispute in respect of which they were already before the Federal High Court in Abuja.
Dr. Musa, SAN noted that Justice Ijeoma Ojukwu of the Federal High Court sitting in Abuja had granted an order against the EFCC and FIRS on July 25, 2018, which was extended on August 9 staying further administrative actions in respect of the matter till the substantive suit is determined.
The letter reads: “In reaction to the activities of the joint investigation activities of the EFCC and the FIRS, which culminated in the issuance of a notice of tax assessment dated 21 May 2018, now subject of a pending objection (dated June 04 2018 and July 02 2018 respectively), my client instituted an action for judicial review before the Federal High Court (Suit No: FHC/ABJ/CS/762/2018).
“I am now informed by my client that he has come into receipt of a letter date 27th September 2018 and signed by one Mohammad Rabo, Zonal Head of the EFCC for Abuja, by which the EFCC has purported to invite him to attend an interview in furtherance to the so-called investigation ‘on the tax performance of Specialised Professional.’
“As you are no doubt aware, the direct and unequivocal order of the court is for the respondents in that action (the FIRS and EFCC) to stay all further administrative proceedings related to the subject matter of that action, until the hearing and determination of the substantive suit.
“This includes any interview (s) session on the same subject matter. It is our informed position therefore that, whilst this order of court, directing the stay of the administrative actions of the EFCC and FIRS remains valid and subsisting, neither the EFCC nor the FIRS can lawfully proceed to summon or request the presence of my client ‘in furtherance to the joint investigation by the EFCC and FIRS’ as the letter of 27 September 2018 purports to do. Such an action will be tantamount to contempt of court and a resort to self-help.
“As a legal practitioner yourself, you must be aware that it is settled law that where a matter is before a court of competent jurisdiction, all parties thereto must maintain the status quo until the court disposes of same.”
It is not clear if Chief Obla’s counsel, Musa, will be proceeding to file a contempt proceedings against the Economic and financial crimes commission, EFCC, if they insist on the learned Senior Advocate of Nigeria honouring their invitation.