Court summons Malami, EFCC over Yari’s properties

A Federal High Court in Abuja on Monday summoned the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) and the Economic and Financial Crimes Commission (EFCC) to appear before it on Thursday over legal issues relating to the assets and properties of the immediate past Governor of Zamfara State, Alhaji Abdulazeez Yari.

They are to come and show cause why they will not be restrained from among other actions, freezing the bank accounts and or confiscating Yari’s immovable properties anywhere in Nigeria pending the hearing and determination of the substantive suit.

Justice Nkeonye Maha made the order after listening to the arguments canvassed in a motion ex-parte by counsel to Yari, Mahmud Magaji (SAN).

The motion ex-parte marked FHC/ABJ/CS/948/2019, was 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.

Justice Maha equally ordered that the respondents be served with the court processes within 48 hours and adjourned further proceedings to Thursday this week.

Meanwhile, the former governor has attributed his travails in the hands of the respondents to the fall -out of the 2019 elections in Zamfara State.

The two respondents listed in the motion paper are the attorney general of the federation and the EFCC.

Describing the actions of the respondents against him as politically motivated to witch-hunt him, Yari in a 17 -paragraph affidavit in support of his motion, further stated that “the first and second respondents are determined on a follow up attack upon him and his family by the use of allegations of wrongdoing which have been concocted against him in 2019 as an excuse to arrest him and his wife, and to arraign then on trumped up charges.

The affidavit deposed to by Affis Matanmi, traced the genesis of the case against Yari to the political events within the Zamfara State chapter of the All Progressives Congress that eventually, led to the party losing out the leadership of the state to the Peoples Democratic Party (PDP) by the judgment of the Supreme Court.

It stated that “after the decision of the Supreme Court, some aggrieved individuals who are very powerful decided to use agents of the first and second respondents against the applicant.

“These individuals thus decided to carry out a vendetta and revenge against the applicant including instigating the respondents against the applicant upon their spurious conclusion without evidence that he was guilty of corrupt practices as former governor of Zamfara State and was in breach of the Code of Conduct Act.

“This witch-hunt, is clearly politically motivated, baseless, and has been designed only to discredit and humiliate the applicant in a bid to decimate him politically.

“That the agents of the second respondents invaded the applicant’s private residence without court order in Talata Marafa, off Sokoto Road, Zamfara State and nothing incriminating was ever found against the applicant despite the several investigations carried out by the respondents.”

Magaji further informed the court that his client’s residence was invaded on August 5, by the EFCC for five hours without any court order, in its bid to effect his arrest.

In the motion ex-parte dated and filed August 20, the former governor is seeking among others “an order of interim injunction restraining the respondents from seizing, impounding, taking over, confiscating or otherwise forfeiting his assets and properties wherever they may be located within Nigeria or anywhere in the world pending the hearing and determination of the motion on notice.

“An order of interim injunction restraining the respondents from unlawfully interfering with his rights as contained in Sections 34, 35, 41 and 43 of the constitution until the hearing and determination of the substantive suit.”