A lawyer, Nkereuwem Akpan, has filed a suit at the Federal High Court, Abuja, seeking to be joined as party in a suit instituted by the EFCC against former Minister of Interior, Abba Moro.
The News Agency of Nigeria reports that Mr. Moro was minister during former President Goodluck Janathan’s administration.
He is standing trial with three others over alleged N676 million recruitment fraud.
Others charged along with him are the former permanent secretary in the ministry, Anastacia Nwobia, and a deputy director in the ministry, F.O. Alayabami.
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The suit brought pursuant to Section 6(6) (a) (b) of the 1999 Constitution and dated January 28 was made available to NAN on Monday in Abuja.
The applicant is seeking an order to be joined as a defendant to the suit.
He is also seeking the leave of the court to allow him file his preliminary objection, counter affidavit, written submission and all other processes in the suit.
Mr. Akpan has asked for alternative order for the court to take judicial notice of an appellate court’s decision on the legality of Ibrahim Magu to still remain Acting Chairman of the EFCC.
The applicant avers that Mr. Magu in the exercise of his functions under the EFCC Act has negatively impacted on the rights of the party seeking to be joined.
He submits that the plaintiff has been adjudged by a court of competent jurisdiction to have violated Section 35 in suit No.CT/HC/CV/494/2010 delivered May 25, 2011.
Mr. Akpan argued that Mr. Magu’s continuous stay as the head of the anti-graft commission was also invalidated by the Court of Appeal, Abuja in suit No. CA/A/282/2013 delivered Aug. 14, 2013.
He further avers that he has been negatively affected by the continuous exercise of the functions of office as Acting Chairman of the EFCC by the plaintiff therein.
He therefore, said the plaintiff could not while in contempt of the orders of court approach the same court seeking equitable reliefs.
“The applicant’s propriety interest is the right to life, personal liberty and freedom from illegal incarceration including his rights to public apology ordered by the court of appeal on August 14, 2017.
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“The party seeking to be joined has a claim against the plaintiff who has oppressed and continues to oppress the party seeking to be joined using his office.
“I am therefore seeking the intervention of this court to compel the plaintiff to stop this malfeasance and impunity by a grant of this application and the reliefs sought.
“This honourable court owes a sacred duty to safeguard its independence and prestige by shutting its doors on the plaintiff pending when he is purged of his contempt for the extant Orders of court.
“It is an immutable principle of law that a party in contempt cannot approach the same court for equitable reliefs while labouring under said contempt’’, he said.
NAN reports that the suit is yet to be assigned to a judge. (NAN)
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