August 30, 2023 has been designated 2023 by Justice Ahmed Mohammed, presiding over the Federal High Court in Abuja, as the date for announcing his decision on the lawsuit brought forth by Bello Matawalle, the former Governor of Zamfara State. This lawsuit aims to put a halt to an ongoing investigation against Matawalle.
In an amended original summons with the identification FHC/ABJ/CS/753/2023, the State Security Service, Nigeria Police Force, Independent Corrupt Practices and Other Related Offences Commission (ICPC), Economic and Financial Crimes Commission (EFCC), Nigerian Immigration Services, and the Attorney General of the Federation are listed as the first to sixth defendants, respectively.
Matawalle, who holds a ministerial position under President Bola Tinubu, initiated this legal action in an effort to obtain a court declaration related to the judgments handed down by Justice Aminu Aliyu on May 31, 2023, in Suit No: FHC/GS/CS/30/2021. This case involved the Zamfara State government, the EFCC, and other entities.
Matawalle’s argument is centered on the assertion that the fourth defendant (EFCC) does not possess the legal authority to initiate investigations, lead inquiries, or bring charges against him, his family, associates, or contractors involved with the Zamfara State Government regarding any funds associated with the state.
Citing the judgment and sections 4, 6, and 7 of the Zamfara State Anti-Corruption Law No. 12, 2021, Matawalle’s plea to the court is to affirm that solely the Zamfara State Anti-Corruption Commission has the mandate to investigate allegations of corrupt practices or financial misconduct during his tenure as the Governor of Zamfara State.
In a supporting affidavit presented by Matawalle’s legal counsel, Kehinde Akinlolu (SAN), it is contended that the allegations of corrupt practices and financial misappropriation brought forth by the defendants, particularly the EFCC, are devoid of substance and concocted with the intention of tarnishing his reputation. It is also asserted that all contracts awarded during his time as Governor followed proper legal procedures, maintained thorough documentation, and kept meticulous records.
The affidavit goes on to argue that unless restrained, the defendants might proceed to arrest, detain, and prosecute Matawalle, thereby violating both the Zamfara State Anti-Corruption Law and his constitutionally guaranteed right to a fair trial.
During the court proceedings, the counsel representing the first defendant, O.A Aderohumu, called for the removal of the State Security Service’s name from the lawsuit. The counsel for the fourth defendant, M.K. Hussein, urged the court to dismiss the case, deeming it unconstitutional and lacking in merit. Notably, legal representatives for the third and sixth defendants were conspicuously absent during these proceedings.
In a verbal application, the spokesperson for the fifth defendant, M.B Kannap, highlighted that the Immigration Act of 2015 (section 31) empowers the Immigration Services to prevent the departure of individuals who have not satisfied court orders or are subject to an arrest warrant.
Justice Ahmed Mohammed, the presiding judge, opted to postpone his judgment until the scheduled date of August 30.
