Court orders AGF, EFCC to stay action on ex-Gov Yari’s property

The Federal High Court, Abuja, on Friday ordered the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC), to stay further action in the move to seize the property of the immediate-past Governor of Zamfara, Mr Abdulaziz Yari.

Justice Nkeonye Maha gave the order at the resumed hearing in the legal action instituted by the former governor, Yari to challenge the anti-graft agency from seizing his property.

The Judge had last week Monday ordered AGF and EFCC to appear before the court yesterday to show cause on why the request of Yari to restrain them from taking any action against his property should not be granted.

But, yesterday, counsel to EFCC, Hussaina Gambo informed the court that they complied with the order of the court, but that the EFCC counter affidavit was filed late, hence not yet in the court’s file.

The Attorney General of the Federation represented by Abdulahi Abubakar, a principal state counsel in the federal ministry of justice, also informed the court that the Attorney General of the Federation had filed counter affidavit in compliance with the order of the court on why the it should not be restrained from taking action against Yari.

The counsel further told the judge that the Attorney General of the Federation is a nominal party in the matter because the investigation of the former governor is being solely undertaken by the Economic and Financial Crimes Commission.

However, counsel to the ex governor, Mahmud Magaji (SAN) pleaded with Justice Maha to make an order restraining the parties from taking any action pending the determination of his fundamental human rights suit.

Magaji, who cited several authorities in support of his submissions claimed that, having joined issues with each other, non of the parties is expected to take any step that will perverse the administration of justice till the issue is fully determined.

Justice Maha, in a short ruling agreed that the matter cannot go on because of the late filing of counter affidavit by the two respondents.

The judge therefore adjourned further hearing in the matter till September 5, 2019.

The Judge directed parties in the suit not to take any action that will impede the administration of justice as it relates to the instant suit.

Ex governor Yari had in an exparte motion marked FHC/ABJ/CS/948/2019, brought pursuant to section 46(1) and (3) of the 1999 constitution and order 4 rule 3 and 4, of the fundamental rights (enforcement procedure) rules 2009 asked the court for a restraining order against the respondents .

Justice Maha, had after listening to the submissions on the exparte motion, ordered that the respondents (AGF and EFCC) be served with the court processes within 48 hours and should appear before the court yesterday to show cause why they should not be restrained.