Court Stops EFCC From Arresting Contractors, Lawyers Working For RSG …As S’Court Ruling On Rivers Causes Ripples In Abia APC

A Federal High Court in Port Harcourt yesterday 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.
The court also restrained the EFCC and the Attorney-General of the Federation from inviting and detaining officials of the Rivers State Government for alleged investigations.
A ruling by Justice Hilary Oshomah in Suit Number: 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 Attorney-General of the Federation from interfering with the accounts of the Rivers State Government pending the determination of the substantive suit.
Justice Oshomah ruled: “An order of interlocutory injunction restraining 1st and 2nd 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 1st and 2nd defendants from giving any effect or further effect to the letter dated 7th August, 2018 wherein EFCC invited some officials of the Rivers State Government on the 20th of August or any date for that matter”.
Justice Oshomah also restrained the EFCC and AGF or their agents, servants and privies from retrieving/demanding the Bank Verification Number (BVN) of any officials 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 3rd September, 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 24th September, 2018 was meritorious in its entirety.
Meanwhile, the Supreme Court decision over the All Progressives Congress (APC) primaries in Rivers State has sent jitters into the Donatus Nwankpa-led faction of the party in Abia State.
The Nwankpa faction also conducted congresses and primaries in spite of a High Court injunction secured by another faction of the party led Dr. Emmanuel Ndukwe.
The Ndukwe camp had in March, 2018, secured a court injunction from an Abia State High Court, presided over by Justice Killington Okoroafor restraining the Nwankpa faction from conducting the party’s ward, local and state congresses, pending the determination of a suit filed by the Ndukwe executive committee.
On account of the court order, the committee that came from Abuja to conduct the congresses was divided with one led by the chairman conducting the Nwankpa faction’s primaries while the secretary, who insisted on respecting the court order, conducted that of the Ndukwe faction.
But it was learned that an Appeal Committee set up by the party and led by one Aminu Ifesinachi upheld the congresses of the Ndukwe faction, and dismissed the one conducted by Nwankpa group as an illegal act.
On June 28, 2018, the Court reaffirmed its judgement and without vacating the order, the two factions went into the primaries, and conducted parallel primaries for all elective positions.
While the Ndukwe camp elected High Chief Ikechi Emenike as the governorship candidate, the Nwanpka faction elected Dr. Uche Ogah as its candidate.
Surprisingly, on the adjourned date, the case file was discovered to be missing in the court.
On inquiry, it was said that an official of the Abia State High Court directed the Isiala Ngwa court registrar to transfer the file to Umuahia without the knowledge of the presiding judge, an action that has prompted the Ndukwe faction to petition the state Chief Judge complaining about the illegal removal of the case file.
The party described the removal of the case file as “criminal obstruction of justice, and muzzling and ridiculing of the judiciary.”
In the petition signed by the factional Chairman and Secretary, Emmanuel Ndukwe and Chidi Avaja, and one of the litigants in the missing case file, Engr. Chris Okpechi, they alleged that the aim of illegally removing the file was “to pervert the course of justice in our suit.
“We write to strongly protest the unilateral, fraudulent removal of the case file of suit no: HIN/4/2018 (Fabian Okonkwo and others vs All Progressives Congress and 5 others) before His Lordship Hon Justice C. U. Okoroafor without due notification, consent and approval of the presiding Judge.”
While the matter subsists, last Monday’s Supreme Court decision has become a source of worry for the Nwankpa faction of the party, fearing that the situation may happen in Abia.