Justice Anwuli Chikere of the Federal High Court sitting in Abuja has, on Monday, washed her hands off the fundamental right enforcement suit filed by the former Senate President, Dr. Bukola Saraki, against the Economic and Financial Crimes Commission (EFCC)’
The suit by Dr. Saraki was filed to stop EFCC from opening fresh investigation against him.
He asked the court to ascertain the legality of the anti-graft agency probe him over allegations he claimed were part of the charge for which he was previously tried at the Code of Conduct Tribunal (CCT).
According to him, it would be tantamount to double jeopardy if EFCC is to re-investigate him on the same set of facts which has been decided at the Supreme Court, .
Responding, Justice Chikere, said that it would be impossible for her to hear and conclude the matter, in view of her imminent retirement from the Bench.
Consequently, she held that the case file would be returned back to the Chief Judge to be re-assigned to another judge.
It will be recalled that the EFCC had in 2019, said it would probe Saraki’s earnings between 2003 and 2011 when he was governor of Kwara.
In swift reaction, Saraki, on May 10, 2019, filed two separate suits marked: FHC/ABJ/CS/507/19 and FHC/ABJ/CS/508/19, against the anti-graft agency before Justice Taiwo Taiwo .
The court ordered all the Respondents to maintain status quo by suspending the planned probe.
“By the provision of Order 4(3) of the Fundamental Rights Civil Procedure Rules, 2009, the court may, if satisfied that the applicant may be caused hardship before the service of an application where liberty or life of the applicant is involved hear the application ex parte upon such interim reliefs as the justice of the application may demand.
“There is no doubt that in making the interim reliefs or orders, the court is guided even in its exercise of its discretion judicially and judiciously applied by the law and statutes.
“I am of the view, after due consideration of the aforesaid, that this court ought to make the order being sought by the applicant pending the hearing and determination of the originating motion on notice,” Taiwo had ruled.
Dissatisfied with the ruling, EFCC wrote a petition that forced Justice Taiwo to recuse himself from the matter.
It was subsequently assigned to Justice Chikere.