Court Strikes Out Saraki’s Suit Against EFCC, ICPC, Others
The Federal High Court in Abuja, on Tuesday, struck out two separate suits filed by former Senate President, Bukola Saraki, to seek court protection against the plan by EFCC to probe him.
Justice Mohammed Umar struck out the two cases following a notice of discontinuance of the suits sighted in the court record and after no lawyer appeared for parties at the resumed hearing.
The former Senate president had filed the suits following the EFCC’s decision in 2019 to probe Saraki’s earnings between 2003 and 2011 when he was governor of Kwara. The anti-graft commission was reported to have seized some of his houses in the Ikoyi area of Lagos then.
However, Saraki, on May 10, 2019, filed the two separate suits, marked: FHC/ABJ/CS/507/2019 and FHC/ABJ/CS/508/2019, before retired Justice Taiwo Taiwo to challenge the action of the EFCC.
The ex-Senate president named the Attorney-General of the Federation (AGF), Inspector-General (I-G) of Police and State Security Service (SSS) are 1st to 3rd defendants.
Others are EFCC, Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Code of Conduct Bureau (CCB) as 4th to 6th respondents respectively.
Justice Taiwo, who was the presiding judge then, had ruled on an ex-parte application filed along with the substantive suits. The judge ordered the EFCC and the other five respondents to the suits to stay action on their investigations.
He directed the parties to maintain the status quo by suspending the probe, pending the hearing and determination of the motion on notice filed by the applicant.
The order was granted after Saraki’s lawyer moved the application on May 14, 2019. But the EFCC later applied that the judge should recuse himself and the matter be transferred to another court.
Justice Taiwo sent back the case file to the chief judge and the matter was reassigned to Justice Anwuli Chikere (rtd.) for adjudication.
When the matter came up on July 14, 2021 before Justice Chikere, EFCC Counsel, Chile Okoronkwo, complained that Taiwo’s order had hindered the agency “from performing its duty for about two years.”
The lawyer, who stated that Saraki continued to hinge on the order of the court any time he was invited, urged the court to vacate the order.
But the suits were reassigned to Justice Inyang Ekwo following the retirement of Chikere. Justice Ekwo had, on Jan. 25, 2023, struck out the two suits for lack of diligent prosecution.
After the suits were struck out, the ex-Senate president, through his lawyer, approached the court for a relisting of the cases to the cause list of the court. And on Oct. 28, 2024, Justice Ekwo granted Saraki’s prayer to amend the suits against the respondents.
The judge granted the application after it was moved by Saraki’s counsel, Tunde Afe-Babalola, SAN, and was not opposed by the defence lawyers. The cases were recently reassigned to Justice Umar.
