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Godwin Tsa, Abuja
The Abuja division of the Federal High Court on Thursday reaffirmed its order directing the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC) not to take further steps in their move to seize the property of the immediate past Governor of Zamfara, Mr Abdulaziz Yari.
Justice Nkeonye Maha maintained that doing so would not be in the interest of justice now that the matter is pending before the court.
Meanwhile, the court has ordered that the case file be remitted to the Acting Chief Judge of the Federal High Court, Justice John Tsoho, for re-assignment to a normal court, in view of the tenure of the vacation court ending on September 13.
Accordingly, the case has now be adjourned to September 30 for the hearing of both the preliminary issues and the substantive suit.
When the matter came up on Thursday, counsel to the former governor, Mahmud Magaji (SAN), informed the court that he was served with a counter affidavit by the EFCC, to which he had already responded.
However, counsel to the Commission, Hussaina Gambo, sought for an adjournment to enable her file a further counter affidavit.
She further applied that both the counter affidavit and the substantive suit be heard together.
The Attorney General of the Federation (AGF), who is listed as the first respondent, was neither in court nor represented by counsel.
At the last adjourned date, the AGF, represented by Abdulahi Abubakar, a principal state counsel in the Federal Ministry of Justice, had informed the court that the AGF had filed counter affidavit in compliance with the order of the court.
The court had ordered the AGF and the EFCC to appear before it to show cause on why the request of Yari to restrain them from taking any action against his property should not be granted.
Yari had 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 ex parte motion, ordered that the respondents (AGF and EFCC) be served with the court processes within 48 hours and should appear before the court 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, claiming that they are on a vendetta mission against him over the 2019 elections in Zamfara State.
Related: Powerful politicians behind my travails, ex governor Yari tells court
The former governor specifically pointed to the political events in the Zamfara State chapter of the All Progressives Congress (APC) that eventually led to the party losing the leadership of the state to the People’s Democratic Party (PDP) by a 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.
