Court approves Bukola Saraki’s application to amend suit against EFCC, ICPC, etc.

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At a hearing on Monday, Justice Inyang Ekwo granted the application filed by former lawmaker Saraki’s lawyer, Tunde Afe Babalola Sansan State, without any objection from the lawyer.

Bukola Saraki

A federal court in Abuja has approved an application by former Senate President Bukola Saraki to amend two suits against the Economic and Financial Crimes Commission (EFCC) and other parties.

At a hearing on Monday, Justice Inyang Ekwo granted the application filed by former lawmaker Saraki’s lawyer, Tunde Afe Babalola Sansan State, without any objection from the lawyer.

Justice Ekwo had on January 25 dismissed two suits filed by Saraki against the Anti-Corruption Agency and others for insufficient prosecution.

The former Senate President filed the suit on May 10, 2019 in the Federal Court of Justice under names FHC/ABJ/CS/507/2019 and FHC/ABJ/CS/508/2019.

In these suits, the Attorney-General of the Federation (AGF), the Inspector-General of Police (I-G) and the State Security Service (SSS) were named as the first to third defendants.

The EFCC, the Independent Corrupt Practices and other related offences Commission (ICPC) and the Code of Conduct Bureau (CCB) were listed as the fourth to sixth respondents.

After the charges were dismissed on January 25, Mr Saraki, through his legal representatives, requested that the suit be reinstated to the court docket.

On February 1, Saraki filed an application for notice, filed on February 3 under Order 19, Rules 1 and 3, and Order 26, Rule 3, of the Federal Court Civil Procedure Rules, 2019. In it, he requested that the suit be reopened and the judge subsequently granted the request.

During the resumed hearing on Monday, defendant Afe Babalola informed the court that an application for amendment of the original application was filed on July 29 and served on all defendants on July 31.

Counsel to the SSS, Abdulsalam Abdullahi, Counsel to the EFCC, Mr. G.I. Nde (including Counsel to the ICPC, Ms. Glory Iloegbu, and Counsel to the CCB, Mr. I.T. Mongu) did not oppose Afe Babalola’s request to amend his original application.

Justice Ekwo therefore granted the relief and adjourned the hearing to February 6, 2025.
The judge warned that “the lawyers responsible for not hearing the matter on that date will be personally punished.

The former Senate President commenced legal action following the decision of the Economic and Financial Crimes Commission (EFCC) in 2019 to investigate his income from 2003 to 2011 during his tenure as Governor of Kwara State. At the time, there were reports that anti-corruption agencies had seized some of his properties in the Ikoyi area of ​​Lagos.

On May 10, 2019, Mr. Saraki filed two separate suits before a retired judge, Justice Taiwo Taiwo, challenging the EFCC’s conduct.

Justice Taiwo, who presided over the suit, handed down judgment on an ex parte application filed with the main plaintiff.

He directed the EFCC, identified as the fourth respondent along with five other respondents, to cease investigations pending hearing on the application for hearing and determination filed by Mr. Saraki.

The order was granted on May 14, 2019, following the filing of an application by Mr. Saraki’s lawyers.
The court ordered all parties to cease investigations and maintain status quo. The EFCC then asked Justice Taiwo to step down and transfer the case to another court.

Justice Taiwo returned the file to the presiding judge, after which Justice Anwuri Chikere was assigned the file for further hearing.

When the case came before Justice Chikere on July 14, 2021, EFCC counsel Chili Okoronkwo expressed concern that Taiwo’s orders had prevented the agency from carrying out its duties for almost two years.
The counsel urged the court to set aside the orders, noting that Saraki had always relied on the court’s orders whenever he was summoned.

However, following Justice Chikere’s retirement, the case was remanded back to Justice Ekwo for decision.

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