Falana: Granting Ex Parte Order in Corruption Case Unconstitutional

A human rights lawyer, Femi Falana (SAN), has described the
granting of ex parte order by Federal High Courts while a
corruption case was being prosecuted as unconstitutional.

Falana disclosed this yesterday in Abuja at the 13th
anti-corruption situation room with the theme, ‘Setting
Anti-corruption Agenda for the 9th National Assembly’, organised by
the Human and Environmental Development Agenda (HEDA).

He said that there was need to also focus more on state
governments and local government if the anti-corruption war is be
effective.

Falana stated: “I think there is so much attention on the
National Assembly to the extent that nobody or group in Nigeria
concentrate attention on budget of any state. For example, where I
reside, Lagos is set to be the sixth largest economy in Africa, yet
nobody, apart from the members of the House of Assembly there and
the Governor’s office, nobody in Lagos discusses the budget of the
state and that is what goes on in our state.

“To the extent that one governor, the governor of my own state,
Ayo Fayose, went to the State House of Assembly, rambled for about
seven minutes and grabbed the gavel and landed it, the governor
passed the budget himself and there was no debate whatsoever. And
that is what goes on in all our states.”

Falana added that the effort of the likes of the Social
Investment Programme Office headed by Mrs. Mariam Uwais, could not
be meaningful, if the state governments were not prepared to
help.

He stressed, “We must challenge the state and the local
governments, no government in Nigeria has a budget and we also
expect them to deliver to the people.”

The rights lawyer said that he had secured judgement from the
court of law directing the federal government to re-establish the
Peoples Bank.

Falana stated: “I have a judgement which I have passed to the
appropriate agencies of government, where a court had directed the
federal government to re-establish the People’s Bank so that we can
get money to the poor in an institutionalised manner and the poor
pay loans without any harassment. 380 people may take loans
totaling N5.4 trillion, the government is in trouble now on how to
retrieve the money.

“In fighting corruption, please try and respect the rights of
the poor. The rich are taking care of themselves. If you are a big
man and you are alleged to have stolen billion, you are asked to
come and account, either you are invited by EFCC or ICPC. You know
what you do, you rush to the Federal High Court and get an ex parte
order; thou shall not be arrested, thou shall not be investigated
and thou shall not be prosecuted. There is no country in the world
that allows it and it is not part of our law.

“We were told in the law school, if you client is invited by the
police, go to the station and ask for bail, but you can’t say the
police cannot invite your client. Because when you do that, very
soon, armed robbery suspect will go to court, terrorist suspect
will go to court, kidnap suspect will go to court and obtain court
order.

“For lawyers here, if a judge says a criminal suspect cannot be
prosecuted or invited, tell that judge he has committed Judicial
misconduct.”

Earlier, the Executive Director of HEDA, Mr. Olarewaju Suraj,
said that the objective of the event was to assist the National
Assembly in the fight against corruption, while also setting agenda
for them

Also, the Director of Organisational Support, EFCC, Dr. Aminu
Ibrahim, said that the stakeholders must ensure that they equally
set agenda for effective collaboration in the fight against
corruption between the Anti-corruption agencies and the National
Assembly.