Corruption allegation: Oshiomhole asks court to strike out suit

Former Governor of Edo State and incumbent National Chairman of All Progressives Congress (APC), Comrade Adams Oshiomhole, on Tuesday, prayed the Federal High Court sitting in Abuja to strike out a suit seeking to compel the Economic and Financial Crimes Commission (EFCC) to investigate allegations of corrupt practices allegedly committed by him as governor.

He asked the Court to hold that the suit filed by an Edo based human rights activist, Bishop Osadolor Ochei, as being incompetent and status barred.

He also said that the plaintiff, Bishop Ochei lacked the locus standi to institute the legal action.

Oshiomhole who ruled Edo State for eight years until 2016 stated this in a notice of preliminary objection filed by his lawyer, Damian Dodo (SAN) before Justice Anwuli Chikere.

Ochei had approached the court with an application seeking an order of mandamus to compel the EFCC to arrest and commence criminal proceedings against him over alleged financial fraud committed while Oshiomhole was in office.

But the former Governor in his motion, also asked the court to strike out prayer one of the applicant’s motion on notice for being premature and incompetent.

In the preliminary objection, Oshiomhole , who is the second defendant in the suit, hinged his objection on 10 ground’s, said the applicant ought to file the instant suit for judicial review within three months of occurrence of the subject of the application.

He added that the action of the EFCC which is being subjected to review by the instant proceedings occurred on December 13, 2016, while the proceedings for judicial review commenced on June 13, 2018, 18 months after the occurrence of the alleged failure being complained about.

While noting that the Bishop Ochei right of action has become unenforceable, Oshiomhole, now the national chairman of the All Progressives Congress (APC), said the applicant has disclosed that he has legal right to file and maintain the action for judicial review, “having not shown how the actions of the second respondent/applicant affected him over and above other residents and indigenes of Edo State.”

Oshiomhole, through his counsel, Damian Dodo (SAN), further argued that the court lacks the jurisdiction to entertain the suit for failure of Bishop Ochei to commence the action within the time provided by extant rules of the court and for failure to disclose locus standi to file the action.

The matter was adjourned to Nov 19 for hearing of the preliminary objection.

Justice Anwuli Chikere had on October 8, order in a ruling on the exparte application that the former Governor be served with court processes.

She also ordered that the EFCC be also served with the same court process, stressing that the service be done within five days from October 9, 2018 when the order was made.

But when the matter came up yesterday, the EFCC was not represented by any counsel in court.

The applicant’s counsel, Dr. West Idahosa told the court that the anti-graft commission was duly served.

The ex-parte with Suit No FHC/ABJ/CS/628/ 2018, has Oshiomhole and the EFCC as first and second respondents respectively.

Dr Idahosa, in arguing the motion, however, urged the court to allow the respondents file their reply to the weighty allegations made against them by the applicant in support of the federal government’s anti-corruption fight.

Bishop Ochei had on October 28, 2016 petitioned the EFCC ‎against Oshiomhole who was governor of Edo State from November 2008 to November 11, 2016.

Dr Idahosa, in praying the court to grant the request of his client, referred the court to 86 exhibits filed in support of the application and added that there are documents and electronic pictures of palatial houses of the former governor, whose earnings all his life cannot acquire and that there are evidence on how Oshiomhole allegedly diverted money for Edo State project to personal projects.

Ochei’s lawyer said that there are vouchers of exorbitant air fares that the former governor incurred, stressing that the amount of the air fares are enough to buy air carrier for the Edo State people.

Idahosa in addition said there are receipts of how the ex-governor used huge amount of states’ fund to repair his private vehicles and urged the court to grant the relief of his client, noting that EFCC has arrested and prosecuted lesser crimes and there is no reason why the anti-graft agency should ignore the petition.