Akin Kuponiyi
A Federal High Court in Lagos south west Nigeria has declared that the Economic and Financial Crimes Commission (EFCC) has the statutory power to investigate ex-President Goodluck Jonathan’s Special Adviser on Niger Delta and Coordinator of the Presidential Amnesty Programme (PAP), Dr. Kingsley Kuku over an alleged financial misappropriation.
The court also declared that the anti-graft agency has right to arrest Kuku if he refused to honour its invitation.
The Presiding judge,Okong Abang observed that the current travail of the embattled ex-special adviser in the administration led by Goodluck Jonathan, has nothing to do with his political affiliation.
Justice Abang gave this verdict in the fundamental rights suit filed by Kuku against EFCC and the Director of State Security (DSS).
Kuku in the suit sought the protection of the court from arrest and detention by the operatives of the anti-graft agency and DSS.
The applicant who is currently outside the country on medical treatment alleged that there was a purported plan to arrest him at the Airport in Lagos, on his return to country.
Kuku averred that unless the court intervenes, he may be arrested and detained by the anti-graft body.
He alleged that his arrest was being instigated by the ruling All Progressives Congress (APC).
However, EFCC in it opposition to the suit challenged the court jurisdiction to entertain the suit. The anti-graft agency also asked the court not to grant any order to stop probe of any alleged improper financial transactions. It also informed the court that EFCC had received petition from one Dada Olubisi on behalf of ex-militants complaining of malpractices in the disbursement of the amnesty fund.
It said that as a law enforcement agency under sections 6 and 7 of the EFCC Establishment Act 2004, it has the power to investigate financial crimes and allegations.
Delivering his Judgment, Justice Abang said the court had jurisdiction to entertain the suit.
On the substantive suit, the court held that the petition that led to the issue raised by the applicant was not authored by the ruling party, APC.
“It is in my humble view that the invitation sent to the applicant is lawful and constitutional.
“The court cannot stop statutory institution from performing it constitutional duty”, the court asserted.
The court however, restrained the respondents from arresting the applicant unlawfully and ordered that his arrest must follow due process.