N521bn Case: Court Strikes Out Suit Seeking To Compel EFCC To Prosecute Theodore Orji, Son

*I’ll appeal ruling — Ubani

A Federal High Court sitting in Abuja has struck out an exparte
application filed by former 2nd Vice-President of Nigerian Bar
Association, NBA, Monday Ubani seeking to compel the Economic and
Financial Crimes Commission, EFCC to prosecute Ex Abia State
Governor, Theodore Orji and his son Chinedum for allegedly
embezzling Abia State funds.

Ubani had filed the application in January through his Counsel
Mr Nkem Okoro, an Abuja based Human Rights Lawyer, seeking leave of
court for an order of mandamus compelling the EFCC to commence the
prosecution of Orji and his son having concluded investigations
into the fraud heist allegedly perpetrated by them.

In an affidavit attached to the application, Ubani compiled
series of newspaper publications of statements made by EFCC
revealing the alleged massive fraud and properties seized from the
ex governor and his son in relation to the fraud.

Ubani argued that the refusal of the EFCC to prosecute Orji and
his son despite mounting evidence of massive looting of Abia State
monies, is a serious defect in justice which can only be remedied
if the leave for order of mandamus sought is granted
expeditiously.

Ubani also restated his legal right to seek the order on the
grounds that he is human rights activist, anti-corruption crusader,
with a

mandate of promoting transparency, accountability and expose
corrupt and fraudulent practices in government and more importantly
that he is an indigene of Abia State who has been adversely
affected by the action of the ex-governor.

But in a ruling delivered on February 22, Justice I.E Ekwo
struck out the application on the grounds that the newspaper
exhibits placed before the court by the applicant were of no
probative value.

He said: “The applicant has sufficient and requisite locus
standi to apply for leave for an Order of Mandamus. There has been
a demand for the performance of the public duty on the respondent
in line with its mandate by way of petition but the demand
contained in the said petition was not carried out and there was no
such correspondence from the respondent stating reasons for not
carrying out the provisions of the Act. This case is worthy of the
intervention of this court by granting of this application as
prayed.

“The point to be noted however, is that in exercising
discretion, the court would only act on the materials before it.
Exhibit 1, upon which this application is predicated is a copy an
on-line report of the Sun Newspaper February 9, 2020.”

“The applicant is a lawyer and knows that in our evidence law,
it is trite that

newspaper reports are not generally admissible as evidence of
the fact recorded therein. This simply means that the evidence of
the applicant is not credible and therefore of no probative value
in this case.”

The judge is same ruling also reversed himself saying that the
applicant lacked sufficient interest to file the application.

He said: “I need also to consider whether or not the applicant
has locus

standi to bring this application. It is noteworthy that there is
no other

place to find the locus standi of a litigant than the pleading
he has filed, and, in this case the averments in the affidavit in
support of the originating process. In so doing, I have noted the
averments in paragraphs 4, 5, 6, 7, 8, 9, and, 10 of the Affidavit
in support of this application and found no evidence of ‘sufficient
interest’ which would ground the locus standi of the applicant
except for media sensation that such action carries.”

I’ll appeal ruling — Ubani

Meanwhile Ubani has aexpressed shock at the ruling saying that
he has prepared Notice of Appeal against the decision of the
court.

He said: “I have already prepared a notice of appeal against the
ruling. As an Abia indigene and a human rights activist, I am only
asking that EFCC be compelled to do their statutory duty in a case
that several revelations have already been made. On daily basis the
Commission keeps making damning revelation of the fraud but no
charge has been filed. All I am asking is that the Commission
should do its job and I am optimistic that justice will be done at
the Appeal Court.

“It is obvious that His Lordship erred in law by refusing to
place probative value on Newspaper publication that has a
certificate of Identification in accordance with the Evidence Act
and more erroneous is His Lordship in denying that I have no locus
standi when the Supreme Court in the recent case of Centre of Oil
Pollution v NNPC has expanded almost without any inhibition the
frontiers of the concept of Locus Standi in Nigeria. “I will never
be discouraged by this ruling, it is an elixir for me to go ahead
and expand our jurisprudence further, he concluded.

*I’ll appeal ruling — Ubani

A Federal High Court sitting in Abuja has struck out an exparte
application filed by former 2nd Vice-President of Nigerian Bar
Association, NBA, Monday Ubani seeking to compel the Economic and
Financial Crimes Commission, EFCC to prosecute Ex Abia State
Governor, Theodore Orji and his son Chinedum for allegedly
embezzling Abia State funds.

Ubani had filed the application in January through his Counsel
Mr Nkem Okoro, an Abuja based Human Rights Lawyer, seeking leave of
court for an order of mandamus compelling the EFCC to commence the
prosecution of Orji and his son having concluded investigations
into the fraud heist allegedly perpetrated by them.

In an affidavit attached to the application, Ubani compiled
series of newspaper publications of statements made by EFCC
revealing the alleged massive fraud and properties seized from the
ex governor and his son in relation to the fraud.

Ubani argued that the refusal of the EFCC to prosecute Orji and
his son despite mounting evidence of massive looting of Abia State
monies, is a serious defect in justice which can only be remedied
if the leave for order of mandamus sought is granted
expeditiously.

Ubani also restated his legal right to seek the order on the
grounds that he is human rights activist, anti-corruption crusader,
with a

mandate of promoting transparency, accountability and expose
corrupt and fraudulent practices in government and more importantly
that he is an indigene of Abia State who has been adversely
affected by the action of the ex-governor.

But in a ruling delivered on February 22, Justice I.E Ekwo
struck out the application on the grounds that the newspaper
exhibits placed before the court by the applicant were of no
probative value.

He said: “The applicant has sufficient and requisite locus
standi to apply for leave for an Order of Mandamus. There has been
a demand for the performance of the public duty on the respondent
in line with its mandate by way of petition but the demand
contained in the said petition was not carried out and there was no
such correspondence from the respondent stating reasons for not
carrying out the provisions of the Act. This case is worthy of the
intervention of this court by granting of this application as
prayed.

“The point to be noted however, is that in exercising
discretion, the court would only act on the materials before it.
Exhibit 1, upon which this application is predicated is a copy an
on-line report of the Sun Newspaper February 9, 2020.”

“The applicant is a lawyer and knows that in our evidence law,
it is trite that

newspaper reports are not generally admissible as evidence of
the fact recorded therein. This simply means that the evidence of
the applicant is not credible and therefore of no probative value
in this case.”

The judge is same ruling also reversed himself saying that the
applicant lacked sufficient interest to file the application.

He said: “I need also to consider whether or not the applicant
has locus

standi to bring this application. It is noteworthy that there is
no other

place to find the locus standi of a litigant than the pleading
he has filed, and, in this case the averments in the affidavit in
support of the originating process. In so doing, I have noted the
averments in paragraphs 4, 5, 6, 7, 8, 9, and, 10 of the Affidavit
in support of this application and found no evidence of ‘sufficient
interest’ which would ground the locus standi of the applicant
except for media sensation that such action carries.”

I’ll appeal ruling — Ubani

Meanwhile Ubani has aexpressed shock at the ruling saying that
he has prepared Notice of Appeal against the decision of the
court.

He said: “I have already prepared a notice of appeal against the
ruling. As an Abia indigene and a human rights activist, I am only
asking that EFCC be compelled to do their statutory duty in a case
that several revelations have already been made. On daily basis the
Commission keeps making damning revelation of the fraud but no
charge has been filed. All I am asking is that the Commission
should do its job and I am optimistic that justice will be done at
the Appeal Court.

“It is obvious that His Lordship erred in law by refusing to
place probative value on Newspaper publication that has a
certificate of Identification in accordance with the Evidence Act
and more erroneous is His Lordship in denying that I have no locus
standi when the Supreme Court in the recent case of Centre of Oil
Pollution v NNPC has expanded almost without any inhibition the
frontiers of the concept of Locus Standi in Nigeria. “I will never
be discouraged by this ruling, it is an elixir for me to go ahead
and expand our jurisprudence further, he concluded.