Justice Okon Abang of the Federal High Court, sitting in Abuja on
Friday, March 20, 2020, threw away the suit filed against the Economic
and Financial Crimes Commission, EFCC, by Common Input Properties
Investment Limited owned by the former Chairman, the defunct Pension
Reform Task Team, Abdulrasheed Abdullahi Maina
Maina, along his company, is being prosecuted by the EFCC over a fraud
of N2billion. The Commission had marked and sealed the company in the
course of investigation.
But the company approached the court, seeking the leave of the court to
restrain the EFCC, its officers, representatives or any affiliate to
unseal the property and restrain the EFCC and other security agencies
from the property until it sought judicial intervention or leave of
court, which the Company considered to be unlawful.
The defendant in the originating summon further applied for a perpetual
injunction concerning the matter and demanded the sum of N100 million as
damages from EFCC.
The prosecution counsel, M.S Abubakar, had argued that the EFCC is
mandated by the Establishment Act 2004, as amended and Section 4, of the
Police Act of 2004 in exercising its special powers.
In his judgement, Justice Abang, described the suit as abuse of court
processes. He said that approaching his court to adjudicate over the
matter when a High Court order was pending is an act to circumvent the
order of another court. He, thereafter, considered the strategy as,
“improper use of judicial process calculated to undermine existing order
of the court”.
He said. “The act is unlawful, abuse of court process and it lacks
merit.
The court in its judgement dismissed the suit and awarded a fine of N50,
000 to Commission.