A Kano High Court yesterday struck out the application for a restraining order brought against the Economic and Financial Crimes Commission (EFCC) by former Kano State Governor Rabiu Musa Kwankwaso.
Justice Mohammed Yahya struck out the application on the grounds that the applicant filed for a discontinuation of the matter.
The judge further ruled that the former governor should pay N50,000 as compensation to the commission.
He directed the disciplinary committee of the Nigeria Bar Association (NBA) to investigate Kwankwaso’s denial of the counsel, who approached the court on his behalf for the restraining order.
The court said the act of the counsel was “unethical and overzealousness on his part” for filing an application without the consent of the former governor, who is now a senator.
The striking out of the matter has vacated the earlier court order instructing both parties to maintain the status quo, an indication that the EFCC may go ahead to quiz the former governor.
EFCC counsel M.S. Abubakar said the private secretary to the former governor disowned the case filed by his counsel, Okechukwu Nwaeze.
Abubakar noted that three steps were taken in asking the court to discharge the ex parte order because it was obtained by fraud.
He said the person, who purportedly asked the lawyer for the court order, said he never authorised him, “which means that he never applied for the court order, and the court ought not to have issued it in the first place and it needed to set it aside”.
The second reason was that he challenged the jurisdiction of the court, saying it was a state High Court.
The EFCC, he said, is a Federal Government’s agency.
Abubakar said: “The constitution is very clear about it. Section 251, (1) R of the 1999 Constitution as amended provides that, if you are challenging any Federal Government’s agency, you should approach the Federal High Court and not a state High Court.
“The third step we raised was let’s assume the former governor authorised the lawyer and let’s also assume that the court has the jurisdiction, the facts of the merit is that is there any case, is there any petition with EFCC against the former governor or not and should the court stop the EFCC from investigating? We said no because in the constitution, there is an exception to the rights to personal liberty.
“So, however, when we came to court this morning, the court told us that the counsel has filed a notice of discontinuing the matter. We said okay, since they have already filed a notice of discontinue, we have also filed our responses. Now, if the court wants to accept their notice of discontinue, it should award cost for wasting our time to come to court and the court has acceded to our application and struck out the matter.
“Presently, there is no court order restraining the EFCC. The matter is concluded and EFCC has been awarded N50,000.”
A group, Kano State Concerned Workers and Pensioners, had petitioned EFCC accusing Kwankwaso of tampering with N10 billion pension funds.
