Delta State Drags EFCC, FG Before Court of Appeal

Delta State government has asked the Court of Appeal in Benin, to set aside a decision by a Federal High Court, Benin, declining jurisdiction to entertain a constitutional suit seeking pronouncement on the powers of the Economic and Financial Crimes Commission (EFCC).

The suit seeks to audit the state government’s account under its immediate past Governor, Chief James Onanefe Ibori.

The State Government gave four separate reasons why it asked the court to nullify the court’s decision.

In the notice of appeal it filed at the registry of the court through its Counsel, Mr Ken Mozia, government is contending that the trial High Court erred in law by declaring that the EFCC had powers to demand from it, crucial documents necessary for the auditing of its account after it declared that it had no jurisdiction to determine the issues contained in the constitutional suit placed before it.

“Jurisdiction is a threshold issue in any suit. When a court holds that it lacks jurisdiction to hear a case, it also lacks the jurisdiction to decide the question or reliefs sought in the case.

“This is more so when Section 6 of the EFCC Act 2004 on which the court relied in reaching the decision that Exhibit A (letter by the EFCC to Delta government) is competent is one of the sections presented to the court to determine its constitutionality vis a vis provisions of Section 174 of the 1999 Constitution,” it said.

Besides, the state government is inviting the court to set aside the ruling of the trial court on the ground that the judge erred in law by declining jurisdiction when the subject-matter of the suit fell within cases that could be handled by a Federal High Court.

Justice G.C. Okeke, made the ruling following an ex-parte motion argued by the plaintiffs in the case between the Attorney-General of Delta State, Delta State Government, Secretary to the Delta State Government and Auditor-General of Delta State.

The court also granted an order stopping EFCC and the Attorney-General from freezing any of the state’s bank accounts in Nigeria.

– Thisday 

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5 responses to “Delta State Drags EFCC, FG Before Court of Appeal

  1. No amouth or maradona legal tactics will save Ibori en his cousin Uduaghan ,the present governor of Delta state.Ibori shamefully maniputed his cousin into power to cover his attrocities.No condition is permanent ,Ibori must one day pay for his acts and very soon the courts will declare the seat of Uduaghan vacant.

  2. Hi Prince Adams, thanks so much for your comment. i am now happy that at least i am not the only one that is concern about this. Ibori and his cousin should be jailed for life.

  3. The government of Delta state should kindly tell Deltans why EFCC are being denied the documents or is Uduaghan telling Deltans that it is right to loot public fund and get awaywith it.
    Uduaghan should realised that the days are gone when you can play with public fund and anybody asking you a question.
    The spirits of Deltans are awake and God will pass his judgement .

  4. Uduaghan should tell Deltans why his government is denying EFCC access to government accounts.If he is free why can’t he just let them do their work? He should be told to start getting ready to leave because his (s)election will be quashed like others. It will only take time. He may have doled out a rocking 350 million naira to compromise the tribunal in Asaba but the appeal court where responsible judges preside will surely do justice to his case. God almighty will not allow them to go scot-free.

  5. The effort by the Delta State Government to stop EFCC from aduiting the account and their acces to the state document is not a fight of Dr. Emmaunel Uduaghan nor been a cousin to Ibori, I wonder why some people are been so self when it came to issues of State affair in Delta state, the facts remains that the EFCC has NO legal or constitutional rights as a commision to aduit the Delta State Government account.
    The State Government is doing the right thing to stop the EFCC and the Attorney-General from what they are about doing to our state, they (the EFCC and the Attorney-General) made their mistake by not inverstigate the immediate past Governor, Chief James Onanefe Ibori before the MET Police and the court in London decision to freeze Chief Ibori assets, they should take the bail and bear the lost.
    The Immediate governemnt of Delta State under the leadership of Dr. Emmaunel Uduaghan should not be used to cover up the EFCC legal and mistakes in carrying out their duty.
    The other issues is that “Dr. Emmaunel Uduaghan is a cousin to Chief Ibori,” have you people who is flying the cousin flag of Ibori and Uduaghan has ever consider or ask themself if the Ibori’s and Uduaghan’s family can not make up the Numbers of voters and win the election of Delta State, Dr. Emmaunel Uduaghan governemnt trying to stop EFCC from their actions, is carrying out his constitutional right as the Stata Governor and his Oath of office which he took publicly to protect the state (Delta) and entire Deltans, please stop attacking him and let him work for the development our state.

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