A Legal Practitioner, Johnmary Chukwukazi Jideobi has asked the Federal High Court, Abuja to declare as illegal the actions of the Economic & Financial Crimes Commission (EFCC) by directing or requesting Money Deposit Banks and other Financial Houses in Nigeria to place a caution or POST-NO-DEBIT or any other restriction of any kind on the bank account(s) of any Nigerian citizen (natural or corporate), stating that the EFCC is bereft of the legal competence to so do by virtue of the Nigerian Financial Intelligence Unit Act, 2018.
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He instituted the suit via an originating summons dated 2nd November, 2020 which was made available to TheNigeriaLawyer.
He argued that the National Assembly has divested EFCC of the power it is exercising by the enactment of the 2018 Nigerian Financial Intelligence Unit Act, particularly Section 31 thereof.
“Notwithstanding the clean and unequivocal change introduced by the same National Assembly later in 2018 vide Section 31 of the Nigerian Financial Intelligence Unit Act, to effectively strip the 1st Defendant of the powers of requesting, receiving and analyzing financial intelligence reports and vesting same on the Nigerian Financial Intelligence Unit (NFIU), the 1st Defendant has continued to defy the constitutionally vested authority of the Legislature by continuing to exercise powers that no longer belong to it and purporting to be so doing under REPEALED laws”, he said as one of the reasons for bringing the action.
Therefore, he prayed the Court for a declaration that “having regard to the provisions of Sections 4 and 5 of the amended 1999 Constitution of the Federal Republic of Nigeria read alongside Section 31 of the Nigerian Financial Intelligence Unit Act, 2018, there exits NO legal authority in the Economic and Financial Crimes Commission, its Chairman, any of its agents, servants or privies to author any letter or issue any directive/instruction (oral or written) requesting Money Deposit Banks and other Financial Houses in Nigeria to place a caution or POST-NO-DEBIT or any other restriction of any kind on the bank account(s) of any Nigerian citizen (natural or corporate) for any reason whatsoever”.
Furthermore, he asks the Court to declare by virtue of Section 31 of the Nigerian Financial Intelligence Unit Act that “all the restrictions of any kind directed by the Economic and Financial Crimes Commission to be imposed on the Bank Accounts of Nigerian citizens (both natural and corporate) starting from the commencement of the NFIU Act, 2018 are ILLEGAL, ultra-vires the powers of the Economic and Financial Crimes Commission and therefore void for all intents and purposes”.
“A DECLARATION of this Honourable Court that there is NO law in Nigeria empowering the Economic and Financial Crimes Commission to file an application before the Federal High Court or any other Court seeking an interim Order to freeze or otherwise impose any form of restriction on the Bank account of any Nigerian (natural or corporate) in view of Section 31 of the Nigerian Financial Intelligence Unit Act, 2018.
“AN ORDER of this Honourable Court setting aside as a NULLITY ALL instructions (oral or written) issued by the Economic and Financial Crimes Commission to Money Deposit Banks and other Financial Houses in Nigeria requesting any form of restrictions to be imposed on the Bank account of any Nigerian starting from the 29th day of June, 2018 when the Nigerian Financial Intelligence Unit (NFIU) Act, 2018 came into being.”
In addition, he prays the Court for an order of perpetual injunction restraining the EFCC from approaching any bank with a view to placing restrictions on any account and also barring the EFCC from approaching any Court in Nigeria for such purpose.
Besides, he asks the Court for a mandatory order against the Attorney General of the Federation pursuant to Section 287(3) of the 1999 Constitution to ensure compliance with the order.
Meanwhile, in the affidavit of facts accompanying the originating summons, he deposed that the National Assembly “by Section 31 of the Nigerian Financial Intelligence Unit Act, 2018 reversed and totally eclipsed all the powers it previously conferred on the 1st Defendant” to place a restriction on the account of the citizens, adding that notwithstanding this, EFCC “has continued to carry on as if the annihilation of its powers by the National Assembly has not happened with worrisome impunity.
“The 1st Defendant has continued to address letters to Money Deposit Banks and Financial House requesting them to furnish it with (a) Account opening packages (b) Statement of accounts for specified periods (c) placing caution on accounts under the Money Laundering (Prohibition) Act, 2011 without a prior Order of Court.
“This suit is a public interest suit as there has been a persistent and worrisome trend by the 1st Defendant whereby it continues to direct Money Deposit Banks to freeze accounts of Nigerian citizens without a prior Order of Court approving of such oppressive and embarrassing conduct which is part of the testimonies received by the Honourbale Justice Ayo-Salami led Judicial Commission of Inquiry that investigated diverse allegations against the operations of the 1st Defendant.”
However, in his written address, he argued that when “a statute is repealed, it ceases to exist and no longer form part of the laws of the land. Like a dead person, it cannot be revived”, adding that the “NFIU Act which was enacted in 2018 amends certain provisions of the EFCC Act, 2004, MLA enacted in 2011 and Terrorism (Prevention) Act, 2011, to the extent of the amendments set out in Section 31 of the NFIU Act”.
He further argued that, “The overall implication of the extrapolation above is that according to statute, the only exception to the general rule that no account may be frozen except by an order of Court is that the Director of the Nigerian Financial Intelligence Unit may place a stop Order not exceeding 72 hours, on any account if it is discovered in the course of their duties that such account or transaction is suspected to be involved in any crime. No one else may do this, not the Chairman of the Economic and Financial Crimes Commission or any of his officers or privies.”
However, the defendants in the suit are the Economic & Financial Crimes Commission and Attorney General of the Federation.
Meanwhile, the suit is yet to be fixed for hearing.
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