The Economic and Financial Crimes Commission (EFCC) says the suit by Festus Keyamo, mister of state for labour, seeking the probe and prosecution of former Vice-President Atiku Abubakar, did not comply with the law.
To this end, the country’s foremost anti-graft agency has prayed a federal high court, Abuja to dismiss the suit.
Similarly the Independent Corrupt Practices and other related offences Commission (ICPC) also asked James Omotosho, the presiding judge, to strike out Keyamo’s case, NAN reports.
Keyamo, the spokesperson of the APC presidential campaign, had asked law enforcement agencies to arrest the former vice president based on an audio recording released by Michael Achimugu, his former aide.
In the audio, the former Abubakar was alleged to have explained how shell organisations were set up to divert public funds through special purpose vehicles (SPV).
Keyamo, in a letter addressed to the EFCC, ICPC, and the Conduct of Conduct Bureau (CCB), gave the agencies 72 hours to begin the prosecution of Abubakar.
He also filed a suit marked FHC/ABJ/CS/84/2023, asking the court for an order compelling the Peoples Democratic Party (PDP) candidate “to submit himself to the CCB, ICPC and EFCC for thorough investigation”.
At the resumed hearing on Wednesday, Samuel Okeleke and O B. Odogu, lawyers to the EFCC and ICPC, faulted the competence of the suit and prayed the court for its dismissal.
Okeleke argued that Keyamo did not comply with the requirements of the law in filing the suit as he ought to have first obtained the leave of the court in seeking to compel an agency of the government to act.
On her part, Odogu argued that Keyamo did not approach her agency properly.
“We do discrete investigation. He (Keyamo) gave us 72 hours ultimatum within which to investigate and prosecute the 1st defendant,” she said.
“That is not how we operate. We take our time to do a discreet investigation.”
Benson Igbanoi, Abubakar’s lawyer, also faulted the competence of the suit and accused Keyamo of engaging in abuse of office.
He asked the court to decline jurisdiction among other grounds, that no cause of action was disclosed by the plaintiff.
Meanwhile, O. C. Uju, Keyamo’s lawyer, prayed the court to dismiss the objections raised by the defendants and proceed to hear the case on merit.
Omotosho, after entertaining the arguments by lawyers to the parties, adjourned until June 5 for ruling on the preliminary objections.