Court Strikes Out Maina’s Suit Against EFCC.

The Federal High Court in Kaduna State has struck out a suit
filed by the former Chairman of Pension Reform Task Team, Mr
Abdulrasheed Maina against the Economic and Financial Crimes
Commission (EFCC).

Maina had on November 14, 2017, sued the anti-graft agency for
what he described as an ineligibility of the commission to carry
out its functions on the grounds that the 2004 EFCC Act is an
illegality.

In the petition he filed through his lawyer, Muhammad Sani Katu,
Maina urged the court to declare as null and void the EFCC act of
2004, on the premise that the act was modified by the former
president Olusegun Obasanjo without passing the normal legislative
processes as enshrined in the 1999 constitution as amended.

He also prayed the court to restrain the EFCC or any other
security agency from arresting him over allegations of
corruption.

Maina went to court after he was declared wanted by the EFCC for
allegedly diverting recovered pension funds while serving as
chairman of the pension reform task team.

Listed among the four respondents in the suit are – the EFCC,
the AGF, the Senate President, Bukola Saraki and Speaker of House
of Representatives, Yakubu Dogara.

However, at the previous sittings, Counsels to EFCC and Attorney
General of the federation, filed a preliminary objection arguing
that the Federal High Court in Kaduna lacks jurisdiction to
entertain the matter.

This according to them was on grounds that the plaintiff had
filed similar suit at a court of the same jurisdiction in the
nation’s capital, Abuja. After listening to all the parties, the
presiding Judge, Justice Saleh Shuaibu adjourned the case to March
28 for the ruling.

Delivering his judgement on Wednesday, Justice Shuaibu struck
out Maina’s suit for lack of substantial evidence to back his
claims.

The judge upheld the preliminary objection by the EFCC lawyer
and that of the Attorney General of the federation, who contended
that since the main claim of the applicants was founded on mere
speculation, their principal reliefs are not maintainable under the
law.

Reacting to the judgement, Counsel to Abdulrasheed Maina says he
will consult his client with a view to contesting the judgement at
the Court of Appeal.

The Federal High Court in Kaduna State has struck out a suit
filed by the former Chairman of Pension Reform Task Team, Mr
Abdulrasheed Maina against the Economic and Financial Crimes
Commission (EFCC).

Maina had on November 14, 2017, sued the anti-graft agency for
what he described as an ineligibility of the commission to carry
out its functions on the grounds that the 2004 EFCC Act is an
illegality.

In the petition he filed through his lawyer, Muhammad Sani Katu,
Maina urged the court to declare as null and void the EFCC act of
2004, on the premise that the act was modified by the former
president Olusegun Obasanjo without passing the normal legislative
processes as enshrined in the 1999 constitution as amended.

He also prayed the court to restrain the EFCC or any other
security agency from arresting him over allegations of
corruption.

Maina went to court after he was declared wanted by the EFCC for
allegedly diverting recovered pension funds while serving as
chairman of the pension reform task team.

Listed among the four respondents in the suit are – the EFCC,
the AGF, the Senate President, Bukola Saraki and Speaker of House
of Representatives, Yakubu Dogara.

However, at the previous sittings, Counsels to EFCC and Attorney
General of the federation, filed a preliminary objection arguing
that the Federal High Court in Kaduna lacks jurisdiction to
entertain the matter.

This according to them was on grounds that the plaintiff had
filed similar suit at a court of the same jurisdiction in the
nation’s capital, Abuja. After listening to all the parties, the
presiding Judge, Justice Saleh Shuaibu adjourned the case to March
28 for the ruling.

Delivering his judgement on Wednesday, Justice Shuaibu struck
out Maina’s suit for lack of substantial evidence to back his
claims.

The judge upheld the preliminary objection by the EFCC lawyer
and that of the Attorney General of the federation, who contended
that since the main claim of the applicants was founded on mere
speculation, their principal reliefs are not maintainable under the
law.

Reacting to the judgement, Counsel to Abdulrasheed Maina says he
will consult his client with a view to contesting the judgement at
the Court of Appeal.