The Federal High Court in Abuja, on Friday, dismissed a suit the Economic and Financial Crimes Commission, EFCC, filed for permission to confiscate six choice Abuja properties it said was traced to Governor Bello Matawale of Zamfara State.
The court, in a judgement that was delivered by Justice Inyang Ekwo, dismissed the suit on the premise that section 308 of the 1999 Constitution, as amended, conferred absolute immunity on serving governors.
Justice Ekwo held that such immunity, insulated the Zamfara state governor from both civil and criminal proceedings by EFCC or any other agency of the government.
He held that the anti-graft agency lacked the power to initiate any criminal proceeding that could lead to the forfeiture of assets belonging to the serving governor.
EFCC had told the court that the six properties are situated at plot 1327, Zone A05, plot 2934, plot 730 and plot 2804B, both located at Zone A06 Cadastral Zone, Maitama District.
Others are plot 729, Idu Industrial Layout and plot 575 BOO, in Kubwa District.
Justice Ekwo agreed with Matawale’s lawyer, Mr. Ahmed Raji, SAN, that the criminal proceedings activated against the governor by EFCC was an abuse of court process in view of his insulation from criminal trial by immunity law.
Although the Judge had on May 26, issued interim forfeiture order against the properties in a ruling on EFCC’S ex-parte application, he, however, vacated the order based on the established ownership claim by the governor and his request for dismissal of the suit.
While vacating the interim order, Justice Ekwo, held that EFCC was bereft of the locus standi to initiate a suit for forefeiture properties of a serving governor.
He held that the available option for the agency was for it to wait till the expiration of the governor’s tenure.
“From the avalanche of evidence placed before the court, there is no contest or dispute on the ownership of the properties. And from the position of the law, especially section 308 of the Constitution, EFCC has no other option than to wait till the end of tenure of office of the respondent.
“The owner of the properties, having shown up and found to be a serving governor, protected by section 308, EFCC’S suit is no longer sanctioned by law and any action, not sanctioned by law is an abuse of court process”, the court held.
EFCC had in its suit, claimed that it received an intellence report to the effect that governor Matawale on assumption of office, had been using Zamfara State’s fund to acquire multi-billion naira properties in choice areas of Abuja.
The governor was also alleged to have moved over N2.1billion from the state’s Ministry of Finance to the Directorate of Investment and Business under his office and used some companies and Bureau De Change (BDC) operators to launder the funds.
