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The speaker of Ogun State House of Assembly, Olakunle Oluomo and other leadership of the assembly have rushed to the federal high court sitting in Abeokuta asking the court to restrain the the Economic and Financial Crimes Commission from taking any action on the ongoing investigation of the house Finances .
The Assembly leadership also sued the EFCC and a former deputy speaker ,Dare Kadiri for smearing the image of the assembly .
The Assembly which was under the EFCC investigation ,accused Kadiri of using an official of the anti-graft agency to get information given to the Agency under confidentiality leaked.
The Assembly said the confidential information was leaked to Kadiri who was reportedly using it to smear the image of the assembly .
Kadir had been fingered in the action taken so far by the EFCC asking the assembly to submit all its financial records .
The Assembly leadership was also acussed of forging the signature of Kadiri in the documents submitted to the commission .
This assembly kicked , accusing the EFCC of leaking its confidential documents to Kadiri who was removed as deputy speaker over his disagreement with the government officials and the leadership of the assembly .
The Assembly in the notice of action against the anti-graft agency, a copy of which was obtained addressed to the Office of the Zonal Commander of EFCC.
The Assembly in the petition titled “pending court processes and demand for restraints” dated January 14 filed by Kehinde Ogunwumiju, SAN, of Afe Babalola requested for a copy of the petition against it by the commission.
The Assembly urged the commission to restrain its officers from any action pending the process .
The Assembly claimed that the purpose was to smear its image in the media which has printed it to take a legal action against Kadiri and the EFCC.
The statement issued by the assembly read partly “this is as a result of the confirmed evidence that Hon. Kadri, who has an unfettered access to EFCC, is using an official of the Agency to implicate the House at all cost by arranging clandestine meetings between the said official and the invited officials of the House with the aim of giving out the questions to be asked in advance and supposed response for purpose of implicating the House.
“The Assembly equally stated that its request from the EFCC for the provision of a copy of the petition against the House in line with section 36 (6) of the constitution of the Federal Republic of Nigeria was not granted by the anti-graft agency, thus it was left with no other option than to sue the EFCC and Hon. Dare Kadiri for bias and conspiracy to impugn the House, and action had been taken accordingly through a suit filed at the Federal High Court, Abeokuta in suit N0.FHC/AB/CS/7/2022 dated 14th January, 2022 .
” In the notice of action against the anti-graft agency, a copy of which was acknowledged by the Office of the Zonal Commander of EFCC; the Agency and Hon. Kadiri were jointly sued through an originating summons filed requesting an order of interlocutory injunction pending the hearing and determination of the substantive suit filed by plaintiffs restraining the EFCC from taking further step including but not limited to inviting, interrogating, imposing obligations and demanding or requiring attendance of the plaintiffs/applicants in connection with the criminal allegation made by the 2nd defendant/ respondent against the plaintiff.
“The Assembly also sought alternatively to relief one (1) above an order of interlocutory injunction directing the defendants (EFCC and Kadiri) to maintain status quo as at 1st December, 2021 and or stay all actions relating to the criminal investigation made by the 2nd respondent against the plaintiffs pending the hearing and determination of the substantive suit files by the plaintiffs.”
The suit notice of petition read also partly “Without prejudice to formal service of the relevant processes by the court bailiffs, this letter serves as clear and unequivocal notice to the EFCC that a motion for interlocutory injunction is currently pending before the court.
“By virtue of the attached (especially Annexure 2), EFCC is legally barred from giving effect to its invitation letter dated 5 January 2022 or from taking any further steps of any kind against my clients regarding the underlying investigation, until the application is decided by the court.
“As you are surely aware, once a dispute has been submitted to the Court’s consideration for adjudication, parties must not usurp the court’s powers to resolve the matter submitted or do anything that may make the decision of the court nugatory. A respondent in an application is particularly obligated to await the outcome of the application and not resort to self-help, foist a completed act on the Court, or conduct itself as if no processes are pending.”
