Posted by By Gbenga Ariyibi on
ADO-EKITI - AN Ado-Ekiti High Court has granted an interim injuction against the Economic and Financial Crimes Commission EFCC from inviting....
ADO-EKITI - AN Ado-Ekiti High Court has granted an interim injuction against the Economic and Financial Crimes Commission EFCC from inviting, arresting members of the Ekiti State House of Assembly and probing the accounts of the state government.
The injunction followed the application brought before the court by the Ekiti State House of Assembly, the Speaker, Chief Friday Aderemi, and the Clerk of the Assembly, Mr Ojo Fasiku, seeking leave of the court to determine some issues and declaring that certain steps taken by the commission were against the smooth running of the Assembly.
The plaintiffs had sworn to a 15-paragraph affidavit deposed to by the Deputy Speaker of the house, Mr. Taiwo Olatunbosun, stating among others that members of the House were elected into office to serve the electorate of Ekiti State in the area of lawmaking and oversight functions.
He stated further that since September 2005, EFCC had been making it practically impossible for the lawmakers to perform their duties by constantly inviting them for questioning, arresting, and detaining them under the guise of investigating financial transactions of the state.
Chief Niyi Akintola (SAN), counsel to the applicants had argued that the matter was brought to court under Order 33 Rules 1 and 2 of the High Court Civil Procedure of Ondo State as applicable in Ekiti State and also under Section 6 (6) of the 1999 Constitution of the Federal Republic of Nigeria.
The counsel specifically wanted the court to pay attention to paragraph eight of the affidavit which stated that 'on more than three occasions, the defendant had instigated and incited members of the Ekiti State House of Assembly including my humble self against the executive governor of Ekiti State telling us to commence a probe and impeachment proceedings against the governor in exchange for our freedom and reprieve from harassment."
In his ruling, the presiding judge, Justice Kayode Bamisile, held that there was need for the EFCC to come and tell the court why its activities should be allowed to paralyse the Assembly, an arm of government.
He held that there was merit in the case and subsequently granted the injunction while further hearing was adjourned to August 2, 2006.