The Court of Appeal Markudi division has upturned a ruling of a Federal High court Markudi against the EFCC, which was earlier barred by the lower court from placing Benue state government bank accounts on Post no debit (PND).
WHAT WE KNOW
Markudi division of the Court of Appeal, has ruled that the Economic and Financial Crimes Commission (EFCC), for the purpose of investigation can place a Post No Debit (PND), on any account inclusive of government.
The ruling came on an appeal brought before it by EFCC against a Federal High court Markudi which held that EFCC could not place the Benue State Government on PND.
Counsel to the EFCC, Steve Odiase had argued before the court that contrary to the ruling of the lower court, the anti-graft agency had powers within the law to freeze the account of the Benue State Government.
In a unanimous judgement of the Appeal court, Justice M.S Hassan who gave the judgement on behalf of the court, held that EFCC has power to place any account including state governments on PND for 72 hours for purpose of investigations, without a court order. The N50 million damages against the EFCC was also set aside.
The Appeal court also held that banks are legally bound to obey orders from the EFCC on PND.
BACKGROUND
On the 2nd February 2019, a Federal High court Markudi, presided by Justice Mobolaji Olajuwon delivered a judgment against the EFCC.
Justice Olajuwon, had ruled that it was illegal for the EFCC to have placed a PND on the account of Benue State government.
Not satisfied with the judgment, the Economic and Financial Crimes Commission approached the Court of Appeal.
COMMENTARY
With the ruling of the Appeal court on Thursday, the EFCC can continue with it’s investigation of the Benue State Government, under the leadership of Governor Ortom who has been a major critic of the Buhari government.
However, this is not the last of the legal battle between the parties, as the Benue State Government would likely approach the Supreme Court to finally settle the legal position.
There is no doubt that corruption at various levels in government circles, both national and state levels have continued to deny Nigerians at all levels the fund for national development.
However, there is the notion that the current anti-corruption battle under the Buhari government have fallen short of expectation. The generally held believe is that this administration has done very little to bit back on corruption.
In the case of the searchlight on the Benue State government, it is difficult to separate the need to fight corruption and the determination of the Buhari government to deal with Governor Ortom.
The Benue State governor have taking every opportunity to call out the Buhari administration for their support for Fulani terrorists operating in the state and killing countless number of Benue indigenes.
Regarding the legal battle, Clariform takes the position that such approach is healthy for the country, as the role of the court is germane for harmony and democracy, and would help in the avoidance of dictatorship.
However, in the likely circumstance the Benue State Government goes to the Supreme court, it may yet take some longer time for the matter to finally settle with a final judgement from the nation`s apex court.
From the time of High court ruling to the Appeal, three years have gone. Indeed the wheel grind slowly, but it grinds the slowest in Nigeria.
