BY IKECHUKWU NNOCHIRI
ABUJA — The Economic and Financial Crimes Commission, EFCC, yesterday, challenged the jurisdiction of a Federal High Court in Abuja to compel it to initiate criminal action against the Speaker of the House of Representative, Dimeji Bankole, following the alleged role he played in the N2.3 billion car scam.

The anti-graft agency equally urged the High Court to dismiss the suit filed before it by an Abuja based lawyer, Chief Nkereuwem Udofia Akpan, asking for an order of mandamus compelling it to prosecute both Bankole and his deputy, Usman Nafada on the basis of a report that purportedly indicted them to the alleged crime.

Counsel to the EFCC, Mr F.A Jibo, in a preliminary objection he filed against the suit yesterday, maintained that the agency is yet to conclude its investigation into the matter, stressing that it would not hesitate to take the appropriate legal actions whenever it successfully establish a proof-of evidence linking the accused persons to the crime.

He argued that the EFCC has the discretion to decide whether or not to charge them to court depending on the outcome of its investigations.

He equally refuted allegations that the EFCC boss, Farida Waziri, hitherto disclosed that the commission was awaiting approval from President Goodluck Jonathan to commence legal action against the Speaker, insisting that the assertion was a figment of the imagination of the litigant.

In the same vein, the Independent Corrupt Practices and Other Related Offences Commission, ICPC, has also challenged the locus-standi of the plaintiff to go to court over the matter.

In a statement of defence it filed against the suit, the ICPC maintained that it was misconceived, incompetent, premature, frivolous, and an abuse of court process, describing the plaintiff as a meddlesome interloper and a professional busy-body seeking cheap popularity.

Presiding Justice Gabriel Kolawole has adjourned the matter till February 15, to enable other defendants in the suit to file their responses.

Those joined in the suit are, Bankole, his office, House of Rep, Peugeot Automobile, Inspector General of Police, IGP, Attorney General of the Federation, AGF, Federal Inland Revenue Service, FIRS and Deputy Speaker of the House of Reps, Usman Nafada.

The plaintiff contended that the refusal and or reluctance by all the anti-graft agencies in the country, as well as the AGF, to thoroughly investigate the alleged fraud and prosecute those behind it, amounted to gross illegality and irresponsibility, just as he sought a declaration that there was nothing in the EFCC Act 2004, that required the agency to submit report of preliminary investigations it hitherto conducted into the matter, to the presidency, for prosecution “approval”.

He is praying the high court to make thirteen separate declarations, among which are, “a declaration that the purchase of cars from Peugeot Automobile of Nigeria, PAN, by the Speaker and the House of Representatives, to the tune of N2, 359,486,500, was riddled with corruption and unbridled gratification and that same was done without lawful authority, illegal, void and fraudulent.

“A declaration that the said purchase of cars was not only irresponsible, fraudulent and an abuse of power by the Speaker, but that a whooping N421, 468, 500 of tax payers money is missing and unaccounted for under the watch of the Speaker.

“A declaration that out of the contract sum, the total of N117, 974,325, was paid as VAT and a declaration that the afore said sum paid to Federal Inland Revenue Service, FIRS, by the House leadership, was fraudulent and unlawful.

“An order of mandamus directing the EFCC, her agents, assigns and privies to file charges against Bankole without further delay or consultation with any member of the political class”.

As well as “an order of mandamus directing both the speaker, the House of Rep and Peugeot Automobile to refund the sum of N421, 486,500, being the difference in value from the said transaction, to the coffers of the federal government of Nigeria”