By Ise-Oluwa Ige
ABUJA â€” A Federal High Court sitting in Abuja, yesterday, refused an invitation by a Kebbi native, Alhaji Sani Dododo, to issue a mandamus order compelling the ICPC and the EFCC to investigate and prosecute the FCT Minister, Senator Adamu Aliero, over alleged diversion of N10.2 billion public funds while he held office as Kebbi State governor.
Justice Adamu Bello of the Federal High Court, Abuja said he had no such powers under the laws yesterday while giving judgment in a mandamus application filed by Dododo to get the minister prosecuted.
He explained that though the two anti-graft agencies had the discretion to investigate any complaint of corruption and prosecute where prima facie case had been established, the court could not compel them to exercise their discretion.
Justice Bello also refused a separate request by Dododo to issue an order compelling the two anti-graft agencies to make public the outcome of their investigations into the fraud if at all they had done any.
The court said the exercise of their powers to investigate was also discretionary and as such, the court had no powers to compel them to exercise the discretion.
But the court admitted that Dododo had locus standi to bring the action and that he had cause of action.
The court consequently upheld the preliminary objection brought and argued by EFCC to the effect that the court lacked the jurisdiction to entertain the suit and struck out the matter.
Alhaji Sani Dododo had approached the court seeking for its order compelling EFCC and ICPC to investigate the allegation that ex-Governor Aliero abused his office to divert public funds to the tune of N10.2 billion into his private pockets.