From: Godwin Tsa, Abuja
The Economic and Financial Crimes Commission (EFCC) has, for the second time, vowed before the Court of Appeal that it would not to interfere with the activities of the Sun Publishing Limited until final judgment in the appeal filed by the company.
This was even as a three-man panel of Court of Appeal Justices, led by Justice Abdul Aboki, has admonished parties in the appeal on the need to respect the court by not taking steps that would affect the subject matter of the appeal.
“We expect everybody to respect the court on this matter before it. Once briefs are in, everybody should know that this court is now seized of the matter.” Justice Aboki cautioned.
More so, counsel to the Commission, Mr. Rotimi Jacobs (SAN), assured the court that his client would not do anything that would interfere with the running of the company as contained in its counter affidavit before the court.
He denied that the Commission invaded the premises of the company with the intention of sealing it up on June 12, 2017 as alleged, but that its mission was simply a routine check up of the companies properties.
“My Lords let me clear this misconceptions, we have a policy of sitting assets under our custody. On the day in question, we were in Lagos on a routine check on the properties in line with our mandate and powers.
“Besides my Lords, we had a meeting with the company and we assured them that we will not interfere in its activities as contained in our counter affidavit.” Jacobs noted.
The lawyer was reacting to the oral application by counsel to the Sun Publishing Limited, Chief Chris Uche (SAN), asking the court for an injunctive order against the Commission.
Uche predicated his application on the grounds that the EFCC has taken steps to seal up the company in spite of the pending appeal.
He specifically informed the court that after the invasion of the company’s premises on June 12, 2017, the Commission took further steps by writing the Company on June 21, requesting it to render it’s account to it since 2008.
“My lords since the matter is before the court and a motion for an injunction has been filed, let parties restrained themselves as a mark of respect to the court. All activities regarding the res should be put on hold.” Uche submitted.
The court has however fixed hearing of the appeal to November 23, 2017 after granting an application by the EFCC for extension of time to file its reply brief.
Meanwhile, the anti-graft agency, in its counter affidavit to the motion on notice filed at the Court of Appeal by the publishing company for a restraining order against the Commission and dated June 14, 2017, deposed to by Henry Ejiga, said it ‘was not in anyway attempting to seal up the premises but would only abide by the final order of court in respect of the said forfeiture order.
The anti-graft agency further averred that it’s team arrived at The Sun Publishing Limited on June 12, 2017 and discovered that no one has tempered with the forfeited assets and assured the workers that they just came for inspection and to sight the premises.
Besides, the Commission told the court in its counter affidavit that it did not seal up the premises of the company as it’s visit was a routine exercise in line with its mandate and power.
That its Acting Chairman, Ibrahim Magu, in line with the mandate of the Commission to ensure that no one tempers with the forfeited assets constituted a team of eight officers to go round Lagos State between the period of June 12 and 13, 2017 to inspect the forfeited assets within the area and report back to him about the status of those assets.
Heavily armed operatives of the EFCC had, on Monday, June 12, invaded the corporate Head office of The Sun Publishing limited in a bid to revive a 10 year old interim order of forfeiture.
The development which received wild condemnation from legal luminaries, Civil Society organisations, human rights activists, Newspaper Proprietor’s Association of Nigeria (NPAN), Nigerian Guild of Editors (NGE), the International Press Centre (IPC) amongst others, gave rise to a law suit against the Commission by the company at the Court of Appeal.
In the suit before the appellate court, the Sun Publishing Limited is seeking an order restraining the Economic and Financial Crimes Commission (EFCC) or its agents, servants, officers or anybody howsoever from further attempting to seal off its premises pending the hearing and determination of its appeal before the court.
In a motion on notice dated and filed June 12, 2017, the company accused the EFCC of resorting to self-help by attempting to enforce an interim forfeiture order, which has been appealed upon.
The motion which was filed by counsel to the company, Chief Chris Uche (SAN), further drew the attention of the court to a pending motion for stay of execution of the ex-parte interim order of forfeiture.
The motion which was brought pursuant to order 4, rule 6 of the Court of Appeal rules, 2016 is seeking for an order of interlocutory injunction restraining the respondent ( the Economic and Financial Crimes Commission (EFCC), either by themselves, their agents, officers, servants, privies or anybody howsoever described from enforcing or attempting to enforce, or purporting to enforce, the ex parte interim order of forfeiture made by Justice Anwuri Chikere of the Federal High Court, Abuja in suit No. FHC/ABJ/M/462/07 made on July 2007 adversely affecting and against the appellant/applicant, pending the hearing and determination of the appeal.
The appellant had filed an appeal against the decision of Justice Chikere, which is still pending before the Court of Appeal.
In addition, the appellant also filed a motion for stay of execution of the ex-parte interim order made by the Federal High Court, adversely affecting the appellant/applicant, which appeal is also pending before the appellate court.
The publishing outfit has since filed her brief of arguments in this appeal and ready to prosecute the appeal, but the respondent who is out of time, he filed a motion for extension of time, which is yet to be taken, and which has delayed the hearing of the appeal.
Counsel to the appellant, Chief Chris Uche (SAN) has accused the EFCC of reporting to self-help by attempting to enforce the interim order by trying to seal off the appellant/ applicant’s office premises.
He told the Court of Appeal in his motion that the resort to self-help by the EFCC will render the appeal nugatory and will amount to undue interference with the subject matter in litigation be the court.
He submitted that as a mark of respect to the court of law, and respect for the rule of law, parties ought to stay every action in respect of the subject matter in litigation.
In a 20 paragraphs supporting affidavit deposed by Alexander Ebute, the applicant traced the history of the case with respect to the ex-parte originating summons filed by the EFCC and dated July 20, 2007 .
The said originating summons sought inter alia an order of the Federal High Court temporarily forfeiting the assets of Dr. Orji Uzor Kalu, the former governor of Abia State.
The appellant averred that it is a dully registered publishing company in Nigeria having a distinct legal personality, and is not an asset of Dr. Orji Uzor Kalu, and was not subject nor suspect of any investigation, and an accused person with any charge pending against her, and was not made a party to the proceedings before the said Federal High Court.
That Justice Chikere granted the interim order sought by the EFCC on July 24, 2007 without any notice to the appellant or any investigation or charge pending against the appellant.
The despodent further averred in the supporting affidavit that being dissatisfied with the decision of the trial judge refusing to discharge the said ex-parte order affecting a third party, promptly filed a notice of appeal dated and filed on July 4, 2008.
Ebute further averred that the appellant also filed a stay of execution of the interim order of forfeiture before the Court of Appeal.
That the Court of Appeal has fixed hearing of the appeal for Wednesday, July 14, 2017.
That unfortunately, despite the pendency of this appeal, and the above said motions, the EFCC is seeking to resort to self-help in this matter to enforce the interim order, the subject matter of this appeal.