The court held that the preliminary objection dated September 3, 2018, filed by the EFCC against the suit lacked merit.
Tony John, Port Harcourt
A Federal High Court in Port Harcourt has restrained the Economic and Financial Crimes Commission (EFCC) from arresting or detaining contractors, lawyers, professionals and service providers who have rendered services to the Rivers State government.
It has also restrained the EFCC and the Attorney-General of the Federation from inviting and detaining officials of the state government for alleged investigations.
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A ruling by Justice Hilary Oshomah, in suit FHC/PH/ CS/101/2018 filed by the Rivers State Attorney-General against the EFCC and AGF, also restrained the EFCC and the office of the AGF from interfering with the accounts of the Rivers State government, pending the determination of the substantive suit.
Justice Oshomah ruled that: “An order of interlocutory injunction restraining first and second defendants/respondents (EFCC/AGF) from inviting or further inviting, arresting and or detaining contractors (engaged by the Rivers State government to carry out projects), professionals (including lawyers) or service providers to the Rivers State government, who have been paid by the state government, for the purpose of investigating, probing and or interfering in any manner whatsoever with the management of the Rivers State consolidated fund.”
The court further ruled: “An order of interlocutory injunction restraining first and second defendants from giving any effect or further effect to the letter dated August 7, 2018, wherein EFCC invited some officials of the Rivers State government on the 20th of August or any date for that matter.”
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The judge also restrained the EFCC and AGF or their agents, servants and privies from retrieving/demanding the bank verification number (BVN) of any official of the plaintiffs, contractors executing projects, lawyers or vendors, who have received payment, for the purpose of probing or interfering with the accounts of the Rivers State government, pending the determination of the substantive suit.
The court further restrained the EFCC and AGF from directing Zenith Bank and Access Bank to furnish them with the bank account details, record books and/ or any document for the purpose of probing, investigating or interfering with the accounts of the Rivers State government, until the determination of the substantive suit.
The court held that the preliminary objection dated September 3, 2018, filed by the EFCC against the suit lacked merit.
According to the court, the motion on notice by the Rivers State Attorney-General, dated September 24, 2018, was meritorious in its entirety.