Court dismisses Shagaya's suit against EFCC over seized N1.9bn
(Nigeria) A Federal High Court sitting in Lagos, on Thursday, held that an interim order attaching N1.9
billion domiciled in the Unity Bank’s account of a businesswoman, Hajiya Bola
Shagaya, was validly secured by the Economic and Financial Crimes Commission, EFCC.
Trial judge, Justice Oluremi Oguntoyinbo while delivering
judgment on the suit, dismissed Shagaya's against the EFCC, for lacking in
merit and abuse of court processes.
The EFCC had on December 29, 2016, secured an interim order
attaching the money in Shagaya's account from Justice Muslim Hassan of the
Lagos Division of the Federal High Court.
Justice Hassan had pronounced that the order was to last
pending conclusion of investigations by the EFCC.
Not satisfied with Justice Hassan's decision, Shagaya,
through her lawyer filed a motion seeking to unfreeze the account claiming that
the EFCC's action violates her rights to own property. She said she was never
afforded the opportunity before the order was secured.
However, delivering judgement on the matter on Thursday,
Justice Oguntoyinbo faulted Shagaya’s claims she was not availed the
opportunity to defend herself before the order was secured.
According to the judge, the order was made through an
ex-parte motion and as such there was no way the court would have listen to her
own side of the story.
"The interim order was made based on an ex-parte
application filed by the Economic and Financial Crimes Commission, EFCC. An
ex-parte application has no respondent and the court is not expected to hear
from the other party. Even when the other party is around, it can only be seen
and not heard. Therefore, the failure of Justice Hassan to hear the applicant
cannot invalidate the order.
"The granting of the interim order of attachment is not
unconstitutional and does not constitute an infringement on the applicant’s
rights to own property," the judge held.
Justice Oguntoyinbo further noted that the failure of the
applicant to controvert an averment contained in the the counter-affidavit of
the EFCC regarding her refusal to honour invitation was fatal to her case.
The judge said the claim by the applicant that the order was
made in perpetuity does not hold water because there was no evidence that the
EFCC has either concluded its investigation of the matter or file any charge
against the applicant.
Justice Oguntoyinbo said: "It is erroneous to claim
that the interim order has metamorphosed into a permanent one or in perpetuity
because it was to last until the conclusion of investigation by the respondent
(EFCC). There was no evidence to show that the respondent has stopped
investigating the property or has concluded investigation."
In conclusion, Justice Oguntoyinbo held that Shagaya's
application lacked merit and such is consequently dismissed.
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