Justice Ibrahim Buba has denied granting a perpetual injunction restraining the Economic and Financial Crimes Commission (EFCC) from probing, arresting and prosecuting former governor of Rivers state, Peter Odili.
File photo of Chief Judge of Nigeria, Mahmud Mohammed
The judge was said to had granted certain contentious injunctive reliefs in a suit brought by Odili after he left office, which seek to restrain the
anti-graft agency from arresting him over alleged corruption while in office.
Buba order was challenged by a United Kingdom-based lawyer, Osita Mba and consequently a query to the judge by the National Judicial Council (NJC) following the controversy that trail the case.
According Nigerian Tribune, Buba’s response to NJC query claimed that he simply restrain the commission from using the report it generated from a probe into Rivers’ finances in the few months to the expiration of the tenure of Odili in prosecuting him.
Bubu explained that he granted reliefs in 2008 because he had earlier nullified the said probe report in another ruling in 2007.
He further claimed that the EFCC did not appeal the nullification of the investigative report, stating that the judgment would deem subsisting which meant nothing could be built on it.
The anti-graft had claimed that Buba’s judgment had made the prosecution of the case against Odili almost impossible.
The nullified investigative report showed that the commission was also investigating the then Speaker of the Rivers state House of Assembly, Rotimi Amaechi for an alleged N10 billion fraud.
Buba in his replied to the query said: “The case of AG Rivers State V EFCC No FHC/PH/CS/78/07 was not fast-tracked and was not decided ex-party on 23/3/97. The matter was decided on 20/3/07 after a full trial. All parties filed process and advanced arguments on for reaching constitutional issues before the court, by learned counsel.
“From the available evidence before the court, as deposed to by Ajumogobia, AG Rivers, it was clear to the court that an agency of the Federal Government, the EFCC, in the name of investigation, attempted to take over a state, in a federal set-up, with a view to causing the impeachment of the governor.”
However, NJC in a response dated 29/3.2010 and signed secretary, Danladi Halilu, absolved Buba of any wrongdoing stating that the claims of granting perpetual injuction could not be established.
NJC replied the petitioner saying: “Your petition of 20th November, 2009 on the above subject matter and the response to same by Ibrahim Nyaure Buba of Federal High Court were considered by the National Judicial Council at its meeting which was held on February 24 and 25, 2010. After deliberation, council found that your petition was unmeritorious and consequently had absolved Justice Buba of the allegations therein, please.”
