COURT ADJOURNS HEARING ON NNPC GMD'S FUNDAMENTAL RIGHTS SUIT TO MARCH 14TH

Court Adjourns Hearing on NNPC GMD’s Fundamental Rights Suit to March 14

March 10th, 2017

ANDREW YAKUBU

The suit by the former Group Managing Director (GMD) of the Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu, challenging his continued detention by the Economic and Financial Crimes Commission (EFCC), over allegations of corruption has been adjourned to March 14 for continuation of hearing.

Yakubu is presently under the custody of the EFCC over the sum of $9, 772,800 and another £74,000 found in his Kaduna residence.
He is also said to be under investigation in connection with several cases of corruption brought against him while he held sway as the NNPC boss.
However, the former GMD had approached the Abuja division of the Federal High Court for the enforcement of his fundamental rights.

In suit number FHC/ABJ/CS/126/2017 filed on February 20, 2017, by his counsel, Ahmed Raji SAN, the applicant is seeking an order of court directing his immediate release by the EFCC or admitting him to bail on liberal terms to enable him travel overseas for a medical treatment.

The applicant is also seeking an order restraining the respondents both jointly and/or severally, from further detaining him unlawfully, whether for reasons of suspicion or on account of any purported investigation with respect to the allegations wherewith he was detained by the EFCC in breach of his rights to personal liberty, dignity of human person, freedom of movement, private and family life, as enshrined under sections 34(1), (4) and (5), 37 and 41 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

At the resumed hearing yesterday, counsel to the EFCC, Johnson Ojogbane, urged the court to discountenance the suit on grounds that the court lacked “territorial jurisdiction” to entertain the case.
Ojogbane in opposing the application said the proper place for the plaintiff to have instituted the suit is the place the alleged breached of human rights took place.

According to Ojogbane, “The Applicant’s said the action took place in Kano State, outside the jurisdiction of this court. And the proper place to institute fundamental rights action is the place where the alleged breached was said to have taken place, which is Kano.”
Earlier, Ahmed Raji SAN, counsel to the applicant, Yakubu, said his client had been detained since February 8 and until today, he has not been released.

He asked the court to take into cognizance that Yakubu was abroad receiving treatment when he was invited home by the EFCC for questioning and has been detained ever since.
Raji argued that the fact that his client is been investigated by the EFCC should not be an excuse for his detention.

He also urged the court to dismiss the preliminary objection raised by the EFCC as according to him, the commission was not being truthful with the where about of Yakubu, which he claimed is in custody at the EFCC’s Headquarters in Abuja.

“I visited him at EFCC’s office here in Abuja and I had consultation with him, so I urged the court to throw away their objection,” Raji said.
But the trial Judge, Justice Ahmed Mohammed, adjourned the matter to March 14 to attend to other matters.

The EFCC arrested Yakubu, following the recovery of $9.8 million and £74,000 cash from him.
He is said to be in custody at an EFCC facility in Kano. The recovered cash was said to have been hidden by the suspect in a fire-proof safe at his house in the slums of Sabon Tasha area of Kaduna metropolis.
Yakubu was subsequently arrested and taken to Kano for interrogation. He admitted the ownership of the money which he said was a gift from friends and well wishers