Ochei had filed an application at the federal high court in Abuja seeking the arrest and prosecution of Oshiomole for alleged diversion of state funds to personal use while he was the governor of Edo state between 2008 and 2016. The suit no FHC/ABJ/CS/628/, filed by Idahosa on behalf of the plaintiff, has Oshiomole and the EFCC as first and second respondents respectively. In his ruling on October 9, Anwuli Chikere, presiding judge of the federal high court in Abuja, ordered Oshiomhole and the EFCC be served with court processes within five days. When the suit was heard on October 23, Oshiomhole’s lawyers were represented in court but the anti-graft agency’s counsels were not there. Wilson Uwajaren, EFCC spokesman, later said the commission failed to show up because the plaintiff did not serve the commission with processes. “The Commission frowns at the attempt by counsel to the plaintiff, West Idahosa, to mislead the court with claims that the Commission had been served,” the statement read in part. “Had the Commission been served, it would have been in court. Ours is an agency that holds the judiciary in high esteem and we will never disregard summons by courts of competent jurisdiction. The truth is that the Commission did not receive any summons.” However, Idahosa insisted he served the EFCC with the motion on notice on October 11. He presented an affidavit of service to buttress his claim. The affidavit was signed by the commissioner for oath at the federal high court in Abuja. Idahosa said there is an attempt to rubbish his image though there is evidence that he served the commission with the notice. Uwujaren could not be reached on Friday evening as his telephone line was out of reach.]]>

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