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A Federal Excessive Courtroom, Abuja, on Wednesday, dismissed a go well with filed by former Governor Joshua Dariye of Plateau and his son, Nanle, difficult the Economic and Financial Crimes Commission (EFCC)’s energy to freeze their Central Securities Clearing System (CSCS) accounts with out a legitimate courtroom order.
Justice Inyang Ekwo, in a judgment, held that the go well with marked: FHC/ABJ/CS/1457/2021 filed by Messrs Dariye and Nanle lacked advantage.
Mr Ekwo additional held that EFCC acted correctly when it took steps to adjust to the order of the trial courtroom which convicted Mr Dariye.
The Information Company of Nigeria (NAN) reviews that the accounts had been frozen whereas Mr Dariye was serving a custodial sentence at Kuje Correctional Centre.
The ex-governor and his son had sued the anti-graft company and CSCS PLC as 1st and 2nd defendants respectively
Within the originating summons filed, their lawyer requested the courtroom to find out whether or not the defendants had been entitled, in view of Part 34 (1) of the EFCC Act, to freeze Mr Dariye’s CSCS account quantity: 72515276 and his son’s CSCS account quantity: 81527200 by inserting a warning on the operation of these accounts with out acquiring an order of the courtroom to take action.
They, subsequently, sought an order directing the defendants to elevate forthwith the warning positioned on the operation of their accounts and to, henceforth, take away the restrictions positioned on the execution of their transactions by means of these accounts.
In an affidavit hooked up to the appliance, Mr Dariye’s brother, Dr Haruna, averred that the previous governor, who was granted a presidential pardon in 2022 by President Muhammadu Buhari, was an investor with substantial shareholdings in a number of firms listed within the Nigerian Inventory Change (NSE).
He stated his son, Nanle, additionally had substantial shareholdings in some firms listed within the NSE.
He listed the businesses through which they’d invested as shareholders to incorporate Nigerian Breweries Pic., FBN Holdings Pic., UBA Pic., UACN Pic., Lafarge Africa Pic, Friesland Campina Wamco Nigeria Pic. and lots of others.
Mr Haruna stated that each one their shares had been lodged with CSCS for buying and selling within the NSE by means of their account numbers.
The candidates, by means of their lawyer, requested the courtroom to elevate the restriction positioned on their accounts.
Mr Ekwo that he discovered that provisions of Part 34(1) of the EFCC Act weren’t relevant within the circumstance of the case.
“This isn’t a scenario the place the first defendant (EFCC) wanted to acquire ex-parte order of courtroom to take the steps it did on this matter,” he stated.
He stated the discovering additionally exonerated CSCS of any improper towards the Dariyes.
The choose condemned the submission of Mr Dariye’s lawyer the place he argued that the mere proven fact that there was a legal case towards the ex-governor was not sufficient to justify the unilateral restriction positioned by the defendants on their accounts with out a courtroom order.
“My coronary heart skipped once I learn the submission of the realized counsel for the plaintiffs in paragraph 3.10 of the written tackle whereat counsel acknowledged thus:
“The assertion above is a transparent signal of how the ethical commonplace within the society has fallen.
“The dearth of excellent conscience is made manifest within the postulation referring to legal proceedings in our authorized system as ‘the mere proven fact that there was a legal case towards the first plaintiff…’
“Because of this legal proceedings is just not a critical situation anymore on this nation.
“It is a unhappy chapter in our historical past as a nation,” he stated.
Justice Ekwo stated it was much more disturbing when the lawyer had tendered the judgement of the Supreme Courtroom as Exhibit JD1 which judgement affirmed the judgement of the trial courtroom convicting Mr Dariye.
READ ALSO: Lalong visits Dariye, Nyame, praises Buhari for pardoning ex-governors
“It’s apparent that Exhibit JD1 and what the Supreme Courtroom stated doesn’t trouble the plaintiffs and their counsel.
“I have no idea the essence of this case nevertheless it has definitely elicited the truth that the plaintiffs are bent on having fun with the proceeds of the legal act for which the first plaintiff (Dariye) was convicted.
“This courtroom won’t be a part of the afront of the plaintiffs and what I think about as an assault to the order of the trial courtroom which the Supreme Courtroom affirmed,” the choose stated.
(NAN)
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