Can a court of law duly make an order of perpetual injunction to disallow the prosecution of a party before the court, as well as restrict the trial of any future offender of the provision of the law, the subject matter of the dispute before the court? We doubt, because that will qualify as a universal injunction, for all persons, against any present or future criminal prosecution.
The Rivers State government claims such a perpetual injunction exists, preventing the Economic and Financial Crimes Commission (EFCC) from prosecuting any of its officials for previous, present and future economic or financial crime.
We do not believe that any such order was legitimately made by a court of law, under the 1999 constitution (as amended).
The present imbroglio arose over the refusal of the state government to hand over three officials of the state, who are implicated in the alleged illegal withdrawal of N118 billion public funds, from the state government’s accounts.
According to the EFCC, the monies were withdrawn in cash, and that contravenes the provision of the Money Laundering (Prohibition) Act, 2011.
The EFCC alleged that the illegal withdrawals were made by Fubara Siminalayei, the Director of Finance, Government House, Tonye Uranta and Harisonba Princewill, across the counter. According to the report, Siminalayei alone allegedly withdrew over N70 billion over the counter about 35 times in 2016, and 94 times in 2017.
Earlier in 2015, he also reportedly withdrew N16.297 billion in cash. On his part, Uranta allegedly withdrew over N1.6 billion in 2016; while N150 million cash withdrawal is allegedly traced to Princewill.
These are humongous amounts, which under the Money Laundering (Prohibition) Act, cannot be withdrawn over the counter.
So, who authorised the officials to make such withdrawals in cash as alleged, and could it be that the withdrawals were made for untoward reasons? These are the questions the Rivers State government should be interested in, since the monies belong to the people of the state.
Instead, it is reported that the state government is shielding the indicted officials from reporting to the EFCC to answer to the allegations against them.
If the Rivers State government is to be believed, Justice Ibrahim Nyaure Buba of the Federal High Court, granted a perpetual declarative and injunctive relief in favour of the state government, on March 23, 2007.
The state government claims that the court gave an explicit order that the EFCC cannot probe the accounts of the state government and its officials.
It is the same judgment that the former governor of the state, Dr. Peter Odili, also relies upon, to challenge any probe of his activities as governor.
While a high court can legitimately make an order with respect to the issues before it, subject of course to appeals to higher courts, it lacks the jurisdiction to make an order in perpetuity for future allegations, as claimed by the state government.
So, while unequivocally the three state officials are deemed innocent, until proven otherwise, it is unlawful for the state government to use the state machinery to prevent the due process of law.
The due process of law is the rule of law, and no democratically elected government should be a cog in the wheel of justice. Section 36(4) of the 1999 constitution, provides that: “whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal.”
We urge the EFCC to take necessary steps to bring the indicted persons to submit themselves to a fair trial, in accordance with the rule of law.
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