By Ikechukwu Nnochiri

The Federal High Court sitting in Abuja, on Friday, ordered the Economic and Financial Crimes Commission, EFCC, to suspend its move to seize assets belonging to the immediate past Governor of Zamfara State, Abdulazeez Yari.

Abdulazizi Yari

The court, in a ruling by Justice Evelyn Maha, asked the anti-graft agency not to take any step that is capable of truncating the fundamental rights enforcement suit Yari lodged before it.

The order came on a day the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, queried the legal competence of Yari’s suit, saying it was aimed to truncate the administration of Justice.

It will be recalled that Justice Maha had last Tuesday, summoned the AGF and the EFCC to appear before her to adduce reasons why the court should not stop any attempt to confiscate the ex-governor’s assets.

The AGF and EFCC were cited as respondents in a motion exparte marked FHC/ABJ/CS/948/2019, which Yari filed pursuant to section 46(1) and (3) of the 1999 constitution and Order 4 Rule 3 and 4 of the Fundamental Rights (enforcement procedure) Rules, 2009.

In a 17-paragraphed affidavit he attached in support of the suit, Yari told the court that the respondents are “persecuting” him and members of his family over the turnout of political events in Zamfara State.

He told the court that his travails commenced after the ruling All Progressives Congress, APC, lost all elective positions in the state to the opposition Peoples Democratic Party, PDP, owing to the judgement of the Supreme Court.

According to him,  “After the decision of the Supreme Court, some aggrieved individuals who are very powerful, decided to use agents of the 1st and 2nd respondents against the applicant.

“These individuals thus decided to carry out a vendetta and revenge against the applicant, including instigating the respondents against the applicant upon their spurious conclusion without evidence that he was guilty of corrupt practices as former governor of Zamfara State and was in breach of the Code of Conduct Act”.

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He told the court that the witch-hunt against him was politically motivated, saying it was targeted to discredit and humiliate him in a bid to decimate him politically.

The ex-governor argued that the action of the EFCC made it impossible for him to exercise his right or his freedom of movement without fear of being arrested and intimidated.

Yari claimed that he fully declared all his assets in accordance with the Code of Conduct for public officers prior to his assumption of office as a governor, adding that he did not commit any offence to warrant the threat of seizure of assets he said were acquired before he became governor.

However, in a counter-affidavit he filed before the court, the AGF, accused the former governor of attempting to scuttle the anti-corruption drive of the EFCC.

Malami told the court that assets the agency is moving to confiscate from the ex-governor, were suspected to have been acquired through proceeds of crime.

He maintained that the EFCC has the statutory powers to arrest and detain anybody that is alleged to have committed a crime.

The AGF argued that Yari’s right to personal liberty as guaranteed under the 1999 Constitution, as amended, is not absolute.

Meanwhile, before the case was adjourned to September 5 for hearing, Justice Maha warned all the parties to respect the constitution and the Administration of Criminal Justice Act, by refraining from any action capable of affecting the subject matter of the suit.

Yari had through his lawyer, Mahmud Magaji, SAN, prayed the court to shield him from possible arrest or seizure of his assets, pending the determination of his suit.

The ex-governor said he was afraid that the agency could move against him, despite the pendency of his case before the court.