Posted by By Innocent Anaba on
Three companies of impeached Bayelsa State governor, Chief Diepreye Alamieyeseigha, have asked a Federal High Court sitting in Lagos to vacate an order made by Justice Tijani Abubakar, freezing the accounts of the companies.
Three companies of impeached Bayelsa State governor, Chief Diepreye Alamieyeseigha, have asked a Federal High Court sitting in Lagos to vacate an order made by Justice Tijani Abubakar, freezing the accounts of the companies.
The companies, Solomom & Peter Ltd, Santolina Investment Corporation and Pescal Nigeria Ltd, through their counsel, Chief Mike Ozekhome are challenging the ex-parte order made by the court on December 23, 2005 freezing the accounts of the companies. They want the court to discharge the said order. The accounts of the companies were frozen following an application by the Economic and Financial Crimes Commission (EFCC). Justice Abubakar, while granting the EFCC's application, ordered the freezing of four accounts of the companies in Diamond Bank. According to Ozekhome, the court should discharge of the order on the grounds that:
* The court (Federal High Court) lacks the jurisdiction or competence to entertain and grant the ex-parte order.
* That the ex-parte order made on December 23, constitute a blatant violation of all known rules of natural justice and the fundamental rights of the applicants as are enshrined in section 3 and 44 of the 1999 constitution and Articles 7 and 14 of the African Charter on Human and Peoples Rights, Laws of the Federation of Nigeria, 2004.
* That the ex-parte order granted by Justice Abubakar is a complete nullity.
* That far reaching panel order made by the court have presumed the companies guilty of the offence even before their trial.
Ozokhome is contending that the three companies were not joined as parties in the suit before the order was procured against them and that aside the ex-parte order, that the EFCC has not filed any other application for interlocutory or final order.
He is further contending that it is unconstitutional, wrongful and against all know rules of natural justice for the court to make order forfeiting the companies property and freeing their account without giving them any hearing at all.