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Godwin Tsa, Abuja
The Abuja division of the Federal High Court has ordered the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC) not to take further steps in the move to seize the property of the immediate-past Governor of Zamfara, Mr. Abdulaziz Yari.
Alhaji Abdulazeez Yari.
Justice Nkeonye Maha who ordered parties to the suit filed by the former governor warned them not to take steps that would truncate the course of justice.
Justice Maha made the order after she was persuaded by counsel for Yari, Mahmud Magaji (SAN) on the need to
The court had last week Monday ordered AGF and EFCC to appear before the court yesterday to show cause on why the request of Yari to restrain them from taking any action against his property should not be granted.
However, when the case came up on Friday, counsel to 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, equally 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 norminal party in the matter because the investigation of the former governor is being solely undertaken by the EFCC.
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 authorities in support of his submissions claimed that, having joined issues with each other, non of the parties is expected to take any step that will perverse the administration 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 counter affidavit by the two respondents.
The judge therefore adjourned further hearing in the matter 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 instant suit.
Yari has filed an ex parte, 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.
Meanwhile, in his supporting affidavit, Yari blamed his current travails in the hands of the prosecution agencies on the activities of some powerful politicians who are on a vendetta mission against him over the 2019 elections in Zamfara state.
Specifically, the former governor stated that the political events within the Zamfara state chapter of the All Progressives Congress (APC) that eventually led to the party losing out the leadership of the state to the Peoples Democratic Party by the judgment of the Supreme Court.
His position is contained in an affidavit in support of his motion seeking to restrain the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC) from tampering with his assets and properties.
