Court Strikes Out Maina’s Suit Against EFCC

The Federal High Court in Kaduna State has struck out a suit filed by the former Chairman of Pension Reform Task Team, Mr Abdulrasheed Maina against the Economic and Financial Crimes Commission (EFCC).

Maina had on November 14, 2017, sued the anti-graft agency for what he described as an ineligibility of the commission to carry out its functions on the grounds that the 2004 EFCC Act is an illegality.

In the petition he filed through his lawyer, Muhammad Sani Katu, Maina urged the court to declare as null and void the EFCC act of 2004, on the premise that the act was modified by the former president Olusegun Obasanjo without passing the normal legislative processes as enshrined in the 1999 constitution as amended.

He also prayed the court to restrain the EFCC or any other security agency from arresting him over allegations of corruption.

Maina went to court after he was declared wanted by the EFCC for allegedly diverting recovered pension funds while serving as chairman of the pension reform task team.

Listed among the four respondents in the suit are – the EFCC, the AGF, the Senate President, Bukola Saraki and Speaker of House of Representatives, Yakubu Dogara.

However, at the previous sittings, Counsels to EFCC and Attorney General of the federation, filed a preliminary objection arguing that the Federal High Court in Kaduna lacks jurisdiction to entertain the matter.

This according to them was on grounds that the plaintiff had filed similar suit at a court of the same jurisdiction in the nation’s capital, Abuja. After listening to all the parties, the presiding Judge, Justice Saleh Shuaibu adjourned the case to March 28 for the ruling.

Delivering his judgement on Wednesday, Justice Shuaibu struck out Maina’s suit for lack of substantial evidence to back his claims.

The judge upheld the preliminary objection by the EFCC lawyer and that of the Attorney General of the federation, who contended that since the main claim of the applicants was founded on mere speculation, their principal reliefs are not maintainable under the law.

Reacting to the judgement, Counsel to Abdulrasheed Maina says he will consult his client with a view to contesting the judgement at the Court of Appeal.