The Federal High Court, Abuja on Friday ordered parties involved in the fundamental human rights enforcement suit filed by former governor of Zamfara state, where-in he is praying the court to stop the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC) to stay further action in their moves to seize his property.
Justice Nkeonye Maha gave the order at the resumed hearing of the suit filed by the former governor, challenging the anti-graft agency from confiscating his property.
The Judge had last week, ordered AGF and EFCC to appear before the court yesterday to show cause on why Yari’s request to restrain them from taking any action against his property should not be granted.
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But, yesterday, counsel to the 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 AGF, represented by Abdulahi Abubakar, a principal state counsel in the Federal Ministry of Justice, also informed the court that the AGF had filed counter affidavit in compliance with the order of the court on why the AGF should not be restrained from taking action against Yari.
The counsel further told the judge that the AGF is a nominal party in the matter because the investigation of the former governor is being undertaken by the anti-graft agency.
However, counsel to the ex-governor, Mahmud Magaji (SAN) pleaded with Justice Maha to make an order against the two respondents not to take any action against his client pending the determination of his fundamental human rights suit.
Magaji, who cited several decisions of the Court of Appeal and the Supreme Court in support of his submissions claimed that having joined issues with each other, none of the parties is expected to take any step that will truncate the cause 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 a counter affidavit by the two respondents and adjourned the further hearing 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 suit.
To stop the AGF and the EFCC from taking any action against his property, Yari filed an ex parte 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.
Justice Maha, 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.
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